PALLETTE STONE CORP. v. GUYER BUILDERS, INC.


212 A.D.2d 862 (1995)

622 N.Y.S.2d 127

Pallette Stone Corporation, Respondent, v. Guyer Builders, Inc., Appellant

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

February 2, 1995


Mercure, J.

It is undisputed that, between April 1986 and December 1989, defendant purchased $700,347.16 worth of concrete and concrete products from plaintiff. Although the purchases were subject to sales tax, plaintiff collected no tax. A subsequent audit of plaintiff by the Department of Taxation and Finance for the period September 1, 1986 through November 30, 1989 resulted in a determination of a sales tax deficiency of $114,683.03, which plaintiff...

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