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WEGMANS v. DEPT. OF TAXATION

126 Misc.2d 144 (1984)

Wegmans Food Markets, Inc., Plaintiff, v. Department of Taxation and Finance of the State of New York, Defendant.

Supreme Court, Monroe County.

November 2, 1984

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Michael R. Wolford of counsel), and Paul S. Speranza, Jr., for plaintiff. Robert Abrams, Attorney-General (William J. Goldman of counsel), for defendant.

DAVID O. BOEHM, J.

The issue presented on this motion for summary judgment is whether purchases of tangible personal property made for the purpose of installing or using such property upon or within projects financed by industrial development bonds (IDBs) are exempt from sales or use tax.

Plaintiff, Wegmans Food Markets, Inc. (Wegmans), operates a chain of stores in Central and Western New York State...

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