71 Fifth Avenue Co. v. City of New York Department of Finance

OPINION OF THE COURT

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 *863premises immediately adjoining the vault.” The Code defines "using, occupying or maintaining” as the "right or authority to install, store or maintain property of any kind in a vault, or otherwise to…