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MATTER OF MOERDLER v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK

298 A.D.2d 778 (2002)

750 N.Y.S.2d 329

In the Matter of CHARLES G. MOERDLER, Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

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

Decided October 31, 2002.

Mercure, J.P.

In January 1997, petitioner leased an automobile for a period of 36 months. At the inception of the lease, petitioner paid sales tax on the total sum due under the lease pursuant to Tax Law § 1111 (i) (A). In May 1997, the leased vehicle was stolen and, pursuant to the terms of the lease agreement, the lease was terminated and petitioner's insurance company reimbursed the financing entity for all sums...

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