MANHATTAN & QUEENS v. NASSAU


113 A.D.2d 595 (1986)

Manhattan & Queens Fuel Corp., Respondent, v. County of Nassau, Appellant

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

January 13, 1986


Attorney(s) appearing for the Case

Edward O'Brien, Acting County Attorney (Robert O. Boyhan of counsel), for appellant.

Carl S. Levine, P. C. (Kenneth L. Robinson of counsel), for respondent.

LAZER, J. P., MANGANO and NIEHOFF, JJ., concur.


GIBBONS, J.

In this action we are called upon to determine whether the tax on gross receipts from sales of petroleum imposed by Tax Law article 13-A may be passed along to the purchaser, where the purchaser is the State or one of its political subdivisions. In our view, this question must be answered in the affirmative.

The material facts of this case are not in dispute. In June of 1983 plaintiff, a...

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