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FISH & CHIPS v. TAX COMM

69 A.D.2d 550 (1979)

Arthur Treacher's Fish & Chips, Inc., Appellant, v. New York State Tax Commission et al., Respondents

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

July 26, 1979

Attorney(s) appearing for the Case

Harter, Secrest & Emery (William H. Helferich, III, of counsel), for appellant.

Robert Abrams, Attorney-General (Wayne L. Benjamin, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for respondents.

SWEENEY and HERLIHY, JJ., concur with GREENBLOTT, J. P.; MIKOLL, J., dissents and votes to reverse in an opinion.

GREENBLOTT, J. P.

Under a master franchise agreement, dated August 27, 1970, petitioner, Arthur Treacher's Fish & Chips, Inc., granted A.E.K. Enterprises, Inc. (A.E.K.) permission to operate five Arthur Treacher's Fish and Chips restaurants. On December 19, 1976 petitioner and A.E.K. entered into a written agreement whereby petitioner agreed to purchase the restaurants of A.E.K. and terminate the master franchise...

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