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MTR RISTORANTE PUGLIA v. CHU

102 A.D.2d 348 (1984)

In the Matter of Ristorante Puglia, Ltd., et al., Petitioners, v. Roderick G. W. Chu et al., Constituting The State Tax Commission, Respondents

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

June 28, 1984

Attorney(s) appearing for the Case

Leonard Bailin, P. C. (William Seplowitz of counsel), for petitioners.

Robert Abrams, Attorney-General (Francis V. Dow, William J. Kogan and Diane DeFurio Foody of counsel), for respondents.

MAIN, WEISS, LEVINE and HARVEY, JJ., concur.

MAHONEY, P. J.

Petitioner Ristorante Puglia, Ltd. (Ristorante), was organized in June, 1972 by petitioners Anthony Mancuso and Joseph Garofalo to operate "The Puglia", a family restaurant in the Little Italy section of Manhattan. Petitioners also operated a second restaurant in Brooklyn. While that restaurant was a separate sales taxpaying entity, Ristorante made most of the food and supply purchases for both...

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