Legal Opinion

Burnside Coal & Oil Co. v. City of New York

New York Supreme Court

Decided May 5, 1986Published

1Opinion of the Court

OPINION OF THE COURT

Harold Tompkins, J.

This case involves the City of New York’s obligation to pay the gross receipts tax on all petroleum products passed through by the plaintiff, a supplier of fuel oil. The plaintiff’s motion for summary judgment and the city’s cross motion for summary judgment are consolidated for disposition and decided as noted below.

BACKGROUND

The salient facts are undisputed. In April 1983, the city, through the Department of General Services, solicited bids for contracts for the supply of fuel oil for various city agencies, municipal corporation and department…

2Cases cited11 opinions

  1. Le Cesse Bros. Contracting, Inc. v. Town Board of WilliamsonAppellate Division of the Supreme Court of the State of New York · 1978
  2. Le Cesse Bros. Contracting, Inc. v. Town Bd. of the Town of WilliamsonNew York Court of Appeals · 1979
  3. Trump-Equitable Fifth Avenue Co. v. H.R.H. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Fischbach & Moore, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
  5. Integrated Sales, Inc. v. Maxell Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1983

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