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RKO-KEITH-ORPHEUM THEATRES v. CITY OF NEW YORK

308 N.Y. 493 (1955)

Rko-Keith-Orpheum Theatres, Inc., et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, and Paramount Pictures Theatres Corp. et al., Intervenors-Respondents, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided May 26, 1955

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Stanley Buchsbaum, Morris L. Heath and Solomon Portnow of counsel), for appellants.

Edward C. Raftery, Thomas Bress, Leopold Friedman, Milton C. Weisman, Cecelia H. Goetz, Mitchell Klupt, Edward S. Masket, Herbert B. Lazarus, Louis Weber and William Gold for respondents.

CONWAY, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ., concur; BURKE, J., taking no part.

VAN VOORHIS, J.

In 1954 the New York City Council adopted Local Law No. 37 imposing a tax of 5% upon admission charges to certain places of amusement. This meant that patrons of moving picture theatres are required to pay this tax when purchasing their tickets. The theatre is responsible for transmitting the tax money thus collected from the patron to the city. Five per cent computed upon admission prices of theatre...

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