MATTER OF QUOTRON SYS., INC. v. IRIZARRY


48 N.Y.2d 795 (1979)

In the Matter of Quotron Systems, Inc., Respondent, v. Ivan E. Irizarry, as Finance Administrator of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 15, 1979.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Leonard Olarsch and Steven Forrest Jackson of counsel), for appellant.

Jeffrey S. Cook, Alan M. Epstein and Donald P. Kelley for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

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

The nature of plaintiff's business is sufficiently described in Quotron Systems v Gallman (39 N.Y.2d 428), which held that it could not be taxed as a utility. A fair reading of Matter of Crystal v City of Syracuse (38 N.Y.2d 883, affg

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