Slattery Associates, Inc. v. Tully

New York Court of Appeals

Slattery Associates, Inc. v. Tully

426 N.E.2d 472, 54 N.Y.2d 711, 442 N.Y.S.2d 978, 1981 N.Y. LEXIS 2637

CourtNew York Court of Appeals

DecidedJuly 6, 1981

StatusPublished

Cited by3 cases

This text of 426 N.E.2d 472 (Slattery Associates, Inc. v. Tully) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Slattery Associates, Inc. v. Tully, 426 N.E.2d 472, 54 N.Y.2d 711, 442 N.Y.S.2d 978, 1981 N.Y. LEXIS 2637 (N.Y. 1981).

Pincite

Opinion

[713]*713OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

With respect to the piping we do not reach any question of inconsistency with other commission rulings since the complaint alleged, petitioner’s expert testified and the hearing officer found that the piping was furnished to petitioner by the owner. As to the piping, therefore, petitioner, having paid no tax, has no right to a credit. As concerns the other materials used to construct the generator foundation, we concur with the reasoning of the Appellate Division memorandum (79 AD2d 761).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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