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WEGMANS v. TAX APPEALS TRIB.

No. 56.

33 N.Y.3d 587 (2019)

131 N.E.3d 876

107 N.Y.S.3d 769

2019 NY Slip Op 05184

In the Matter of WEGMANS FOOD MARKETS, INC., Respondent, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK, Respondent, and COMMISSIONER OF TAXATION AND FINANCE OF THE STATE OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided June 27, 2019.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Frederick A. Brodie and Jeffrey W. Lang of counsel), for appellant.

Ward Greenberg Heller & Reidy LLP, Rochester ( Jeffrey J. Harradine , Senovia M. Cuevas and Nicole D. Ladner of counsel).

Chief Judge DIFIORE and Judges RIVERA and GARCIA concur; Judge STEIN concurs in result in an opinion; Judge FAHEY dissents in an opinion; Judge WILSON dissents in a separate dissenting opinion.

OPINION OF THE COURT

Tax Law § 1105(c)(1) imposes a sales tax on certain information services, "but exclud[es] the furnishing of information which is personal or individual in nature and which is not or may not be substantially incorporated in reports furnished to other...

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