Appellate Division of the Supreme Court of New York, 1963

Mo-Durn Coin Devices, Inc. v. Page

Mo-Durn Coin Devices, Inc. v. Page
Appellate Division of the Supreme Court of New York · Decided December 27, 1963
20 A.D.2d 611; 246 N.Y.S.2d 196; 1963 N.Y. App. Div. LEXIS 2605
Mo-Durn Coin Devices, Inc. v. Page

Opinion of the Court

Submission of controvérsy on stipulated facts. The stipulated facts make it unnecessary to determine whether the transaction of May 16, 1962 was a retail sale, since petitioner concedes that a retail sales tax thereby became due in some amount. With this concession, we are of opinion that the tax is measured by the sum of $101,617.96, the conceded value of the property thus transferred. Judgment for respondent, without costs. Settle order. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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