Legal Opinion

Westwood Pharmaceuticals, Inc. v. Chu

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1990No. Appeal No. 2PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Balio, J.

The issue on this appeal is whether certain marketing reports prepared by A.C. Nielsen Company (Nielsen) for the plaintiff Westwood Pharmaceuticals (Westwood) constitute information services that are subject to sales tax pursuant to section 1105 (c) of the Tax Law. Specifically, the question is whether the reports are excluded from taxation because they are "personal or individual in nature” and the information is not "substantially incorporated in reports furnished to other^]” (Tax Law § 1105 [c] [1]). We conclude that Supreme Court correctly determined that the…

2Cases cited16 opinions

  1. Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
  2. First National City Bank v. City of New York Finance AdministrationNew York Court of Appeals · 1975
  3. Slater v. GallmanNew York Court of Appeals · 1975
  4. New York Life Insurance v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1981
  5. Metropolitan Life Insurance v. State Tax CommissionNew York Court of Appeals · 1981

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3Cited by7 opinions

  1. Earsing v. NelsonAppellate Division of the Supreme Court of the State of New York · 1995
  2. Compass Adjusters & Investigators, Inc. v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1994
  3. Kallenberg Meat Products, Inc. v. O'CleireacainAppellate Division of the Supreme Court of the State of New York · 1994
  4. G. Heileman Brewing Co. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  5. Matter of Wegmans Food Mkts., Inc. v. Tax Appeals Trib. of The State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017

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