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MATTER OF NEW YORK SKYLINE, INC. v. CITY OF NEW YORK

6861.

94 A.D.3d 23 (2012)

939 N.Y.S.2d 42

2012 NY Slip Op 1379

In the Matter of NEW YORK SKYLINE, INC., et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 23, 2012.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City ( Randy M. Mastro , Jennifer H. Rearden , Akiva Shapiro , Seema Gupta and Matthew W. Knox of counsel), for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Elizabeth I. Freedman , Francis F. Caputo , Mark Muschenheim and Melanie V. Sadok of counsel), for respondents.

ANDRIAS, J.P., SAXE, ACOSTA, FREEDMAN and RICHTER, JJ., concur.

OPINION OF THE COURT

RICHTER, J.

In this appeal, we are asked to decide whether the sale on public sidewalks of admission tickets to New York Skyride, a simulated helicopter trip around New York City, requires a general vendor license under sections 20-452 and 20-453 of the Administrative Code of the City of New York. We hold that because neither the Skyride experience nor the admission tickets constitutes goods or services, a general vendor license is not...

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