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  5. 52 N.Y.2d 1013 (1981)
 

MATTER OF UNITED ARTISTS THEATRE CIRCUIT, INC. v. STATE TAX COMM'N

52 N.Y.2d 1013 (1981)

In the Matter of United Artists Theatre Circuit, Inc., et al., Appellants, v. State Tax Commission, Respondent.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Leonard R. Rosenblatt and Robert S. Fink for appellants.

Robert Abrams, Attorney-General (Francis V. Dow and Shirley Adelson Siegel of counsel), for respondent.

Judges JONES, WACHTLER, FUCHSBERG and MEYER concur; Chief Judge COOKE and Judges JASEN and GABRIELLI dissent and vote to affirm for reasons stated in the memorandum at the Appellate Division ().

MEMORANDUM.

The judgment of the Appellate Division should be reversed and the determinations of the State Tax Commission annulled.

In so deciding, essentially for reasons stated in Presiding Justice A. FRANKLIN MAHONEY'S dissenting opinion at the Appellate Division, we note that the statutory history to which that opinion refers illumines the nature of the changes effected in the then proposed section 1105 (subd...

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