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  5. 73 N.Y.2d 861 (1989)
 

MATTER OF 71 FIFTH AVE. CO. v. CITY OF NEW YORK DEP'T OF FIN.

73 N.Y.2d 861 (1989)

In the Matter of 71 Fifth Avenue Company, Respondent, v. City of New York Department of Finance et al., Appellants.

Court of Appeals of the State of New York.

Decided January 12, 1989.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Frances J. Henn and Glenn Newman of counsel), for appellants.

Philip Smith for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of the Department of Finance reinstated.

Under section 11-2702 (a) of the Administrative Code of the City of New York, the City imposes an annual vault charge "for the privilege of occupying, using or maintaining a vault in the streets of the city, to be paid by the owner of the

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