MATTER OF MANHATTAN CABLE TV SERVS., DIV. OF STERLING INFO. SERVS., INC. v. FREYBERG


49 N.Y.2d 868 (1980)

In the Matter of Manhattan Cable TV Services, Division of Sterling Information Services, Inc., Appellant, v. Michael Freyberg et al., Constituting the Tax Commission of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 25, 1980.


Attorney(s) appearing for the Case

Stuart Robinowitz, Robert S. Smith and Ronald W. Meister for appellant.

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and Morris Einhorn of counsel), 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 reversed, with costs, and the matter remitted to Special Term for further proceedings on the petitions. The question certified is answered in the negative.

Section 102 (subd 12, par [d]) of the Real Property Tax Law includes in the definition of real property subject to taxation "[t]elephone and telegraph lines, wires, poles and appurtenances; supports and...

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