RAEMART DRUGS v. WETZLER


157 A.D.2d 22 (1990)

In the Matter of Raemart Drugs, Inc., Petitioner, v. James W. Wetzler, as Commissioner of Taxation and Finance, et al., Respondents

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

April 26, 1990


Attorney(s) appearing for the Case

Arnold B. Panzer for petitioner.

Robert Abrams, Attorney-General (Denise A. Hartman and Nancy A. Spiegel of counsel), for respondents.

MAHONEY, P. J., KANE, CASEY and MERCURE, JJ., concur.


HARVEY, J.

Petitioner is a corporation engaged in the business of operating a chain of retail drug stores in New York County. Among the approximately 20,000 types of items sold by petitioner were cigarettes, which were sold both by the pack and by the carton and which accounted for approximately 15% of petitioner's gross receipts. Petitioner sold cigarettes using the "unit price" method, whereby the sales tax...

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