MATTER OF EVERGREENE GARDENS, LLC v. TAX APPEALS TRIBUNAL

533347.

208 A.D.3d 1515 (2022)

174 N.Y.S.3d 520

2022 NY Slip Op 05243

In the Matter of Evergreene Gardens, LLC, Petitioner, v. Tax Appeals Tribunal of the State of New York et al., Respondents.

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

Decided September 22, 2022.


Attorney(s) appearing for the Case

Law Offices of Joshua R. Bronstein & Associates, PLLC, Port Washington ( Joshua Reid Bronstein of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Dustin J. Brockner of counsel), for Commissioner of Taxation and Finance, respondent.

Garry, P.J., Lynch, Ceresia and Fisher, JJ., concur.


As required by local law, petitioner, a developer, engaged the services of a company for the provision of "guard and protective services" at a building construction site. In connection therewith, the company charged and collected $14,978.78 in sales tax. Petitioner applied to the Department of Taxation and Finance (hereinafter the Department...

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