Legal Opinion
Big Apple Ice Cream, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 2004PublishedCited by 2 opinions
1Opinion of the Court
*283Order, Supreme Court, New York County (Louis B. York, J.), entered May 14, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff claims that Local Laws No. 27 (1997) and No. 23 (1999) of the City of New York, which regulate food vendor permits, violate the Equal Protection Clauses of the New York and United States Constitutions. However, these ordinances are subject only to rational basis scrutiny (see e.g. City of New Orleans v Dukes, 427 US 297, 303 [1976]; Big Apple Food Vendors’ Assn. v City of New York, 228…
2Cases cited8 opinions
- City of New Orleans v. DukesSupreme Court of the United States · 1976
- Nordlinger v. HahnSupreme Court of the United States · 1992
- Exxon Corp. v. EagertonSupreme Court of the United States · 1983
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- People v. WalkerNew York Court of Appeals · 1993
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3Cited by2 opinions
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- Berry v. New York State Dept. of Taxation & Fin.Appellate Division of the Supreme Court of the State of New York · 2018