BATHRICK ENTERS. v. MURPHY


27 A.D.2d 215 (1967)

Bathrick Enterprises, Inc., Appellant, v. Joseph H. Murphy et al., Constituting The State Tax Commission, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 15, 1967.


Attorney(s) appearing for the Case

Moriarty & Swanz (Jeremiah J. Moriarty of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Ruth Kessler Toch of counsel), for respondents.

Haskell & Blatt (John R. Davison of counsel), for Music Operators of New York, Inc., and others, amici curiæ.

GIBSON, P. J., HERLIHY, REYNOLDS, AULISI and GABRIELLI, JJ., concur in opinion per GABRIELLI, J.


GABRIELLI, J.

This is an appeal from an order of the Supreme Court, Albany County, which awarded summary judgment in favor of the defendant, and from the judgment entered thereon.

Appellant is the owner and operator of some 150 coin-operated amusement devices such as automatic phonographs, bowling games and the like. These devices are generally located in Niagara County and appellant has had them installed in restaurants, taverns and similar places...

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