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  5. 61 N.Y.2d 786 (1984)
 

MATTER OF BARNEY'S, INC. v. DEP'T OF FIN. OF THE CITY OF NEW YORK

61 N.Y.2d 786 (1984)

In the Matter of Barney's, Inc., Appellant, v. Department of Finance of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Franklin S. Bonem and John W. Ritchie for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Jerome Weinstock, Gale Zareko and Stanley Buchsbaum of counsel), for respondent.

Selig J. Levitan and Ira J. Kaltman for Celebrity, Inc., amicus curiae.

Maurice Mound and Hortense F. Mound for Commodity Clearing Corporation, amicus curiae.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER. Taking no part: Judges SIMONS and KAYE.

Judgment affirmed, with costs, for reasons stated in the opinion by Justice SIDNEY H. ASCH at the Appellate Division (93 A.D.2d 642

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