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BURNSIDE COAL & OIL CO., INC. v. CITY OF NEW YORK

135 A.D.2d 413 (1987)

Burnside Coal & Oil Co., Inc., Respondent, v. City of New York, Appellant

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

December 10, 1987

In April of 1983, the Department of General Services of the City of New York (hereinafter DGS) solicited bids for contracts to supply fuel oil to the city for the period July 1, 1983 through June 30, 1984. Regarding taxes, the contract specifications provided that "[t]he City is exempt from sales and federal excise taxes. The [contract] price is to be net, exclusive of these taxes * * * In addition, Bid prices must include the N.Y. State Gross Receipts Tax, if applicable...

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