
    Servomation Corp., Appellant, v State Tax Commission, Respondent.
   — Appeal from an order of the Supreme Court at Special Term, entered May 21, 1979 in Albany County, which denied plaintiffs motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint. Order reversed, on the law, and plaintiffs motion for summary judgment granted, with costs (Matter of Burger King v State Tax Comm., 70 AD2d 447). Greenblott, J. P., Kane, Main, Mikoll and Herlihy, JJ., concur. [99 Misc 2d 570.]  