Legal Opinion

People v. Port Distributing Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1986PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Ross, J.

The parties to this appeal inform us that this case presents us with an appellate issue of first impression: did Trial Term abuse its discretion, when it granted a motion to dismiss the action, brought by the Attorney-General (AG) of the State of New York, on behalf of the People of the State of New York and the New York State Department of Environmental Conservation (DEC), to enforce provisions of the New York State Returnable Container Act (Container Act), and regulations of the DEC, upon the ground, that under the doctrine of primary jurisdiction, the DEC,…

2Cases cited8 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. United States v. Philadelphia National BankSupreme Court of the United States · 1963
  3. Far East Conference v. United StatesSupreme Court of the United States · 1952
  4. Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
  5. Federal Maritime Board v. Isbrandtsen Co.Supreme Court of the United States · 1958

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Missionary Sisters of Sacred Heart v. MeerAppellate Division of the Supreme Court of the State of New York · 1987
  2. Farmer v. D'Agostino Supermarkets, Inc.New York Supreme Court · 1989
  3. Russin Beer, Inc. v. Phoenix Beverages, Inc.New York Supreme Court · 1990
  4. T & L Redemption Center Corp. v. Phoenix Beverages, Inc.New York Supreme Court · 1990
  5. Abrams v. WinterAppellate Division of the Supreme Court of the State of New York · 1986

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