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LUCISANO BROS., INC. v. DIR., NJ DIV. OF TAXATION

21 N.J. Tax 110 (2003)

LUCISANO BROS., INC., A CORPORATION UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, PLAINTIFF-APPELLANT, v. DIRECTOR, NEW JERSEY DIVISION OF TAXATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2003.

Attorney(s) appearing for the Case

James M. Colaprico, attorney for the appellant.

David Samson, Attorney General, attorney for the respondent (Patrick DeAlmeida, Deputy Attorney General, of counsel, Carol Johnston, Deputy Attorney General, on the brief).

Before Judges WELLS and PAYNE.

PER CURIAM.

Plaintiff Lucisano Bros. Inc., a Pennsylvania building supply company that occasionally sells and delivers building materials to New Jersey building contractors and subcontractors, appeals from an order of Joseph C. Small, Presiding Judge of the Tax Court, entered on June 26, 2001, denying its motion for summary judgment and granting the cross-motion for summary judgment of the Director of the New Jersey Division of Taxation on its claim that

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