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BURNSIDE COAL v. CITY OF N.Y.

131 Misc.2d 149 (1986)

Burnside Coal & Oil Co., Inc., Plaintiff, v. City of New York, Defendant.

Supreme Court, New York County.

May 5, 1986

Attorney(s) appearing for the Case

Levine & Robinson for plaintiff. Frederick A. O. Schwarz, Jr., Corporation Counsel (Sylvia Beckey of counsel), for defendant.

HAROLD TOMPKINS, J.

This case involves the City of New York's obligation to pay the gross receipts tax on all petroleum products passed through by the plaintiff, a supplier of fuel oil. The plaintiff's motion for summary judgment and the city's cross motion for summary judgment are consolidated for disposition and decided as noted below.

BACKGROUND

The salient facts are undisputed. In April 1983, the city, through the Department of General...

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