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TARTAN OIL v. TAXATION DEPT.

239 A.D.2d 36 (1998)

668 N.Y.S.2d 76

In the Matter of Tartan Oil Corporation, Appellant, v. State of New York Department of Taxation and Finance et al., Respondents

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

January 15, 1998

Attorney(s) appearing for the Case

Kenneth L. Robinson, Melville, for appellant.

Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh and Peter G. Crary of counsel), for State of New York Department of Taxation and Finance, respondent.

MIKOLL, J. P., CREW III, PETERS and CARPINELLO, JJ., concur.

WHITE, J.

The record discloses that in 1967 respondent Mel-Bern Service Center No. 6 Corporation1 began operating a gasoline service station in the Village of Valley Stream, Nassau County. Mel-Bern obtained its gasoline from petitioner, its landlord and a gasoline distributor, which had agreed to pay Mel-Bern a commission on each gallon of gasoline purchased from it. In 1983, Mel...

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