Opinion
January 10, 1980
Appeal from an order of the Supreme Court at Special Term, entered May 21, 1979 in Albany County, which denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint. Order reversed, on the law, and plaintiff's motion for summary judgment granted, with costs (Matter of Burger King v. State Tax Comm., 70 A.D.2d 447). Greenblott, J.P., Kane, Main, Mikoll and Herlihy, JJ., concur. [ 99 Misc.2d 570.]