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GREAT LAKES-DUNBAR v. TAX COMM

102 A.D.2d 1 (1984)

In the Matter of Great Lakes-Dunbar-Rochester, a Joint Venture, Petitioner, v. State Tax Commission, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 31, 1984

Attorney(s) appearing for the Case

Kavinoky & Cook (Peter D. Cook of counsel), for petitioner.

Robert Abrams, Attorney-General (Maurice K. Peaslee and William J. Kogan of counsel), for respondent.

KANE, J. P., and MAIN, J., concur with HARVEY, J.; MIKOLL and YESAWICH, JR., JJ., dissent and vote to confirm in an opinion by MIKOLL, J.

HARVEY, J.

The use tax in this case was assessed on the amount of money reimbursed to the two members of a joint venture from the receipts of a construction contract in accordance with an agreement by the two members for the use of their heavy equipment on the job.

The City of Rochester advertised for bids to construct a sewer outfall which consisted of laying a pipe, 10 feet in diameter, 18,000 feet into...

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