Hyperlawhypertext legal database Sapolin Paints, Inc. v. Tully 44 N.Y. 865

← Cases

Sapolin Paints, Inc. v. Tully

44 N.Y. 865 Court N.Y. Decision date 1978-05-31 English

Contents

Majority

p. 865
In the Matter of Sapolin Paints, Inc., et al., Respondents, v James H. Tully et al., Constituting the State Tax Commission, Appellants.
Argued April 28, 1978;
decided May 31, 1978
p. 866
APPEARANCES OF COUNSEL
Louis J. Lefkowitz, Attorney-General (Francis V Dow and Ruth Kessler Toch of counsel), for appellants.
Robert F. Welch for respondents.

OPINION OF THE COURT

Judgment modified, with costs to petitioners, and matter

p. 867
remitted to Supreme Court, Albany County, with directions to remand to the State Tax Commission for further proceedings in accordance with Matter of Montauk Improvement v Proccacino ( 41 NY2d 913 ) and, as so modified, affirmed.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.