Legal Opinion
Diane Serra Inc. v. Charmer Industries, Inc.
New York Supreme Court
Decided January 28, 2002Published
1Opinion of the Court
OPINION OF THE COURT
Herman Cahn, J.
Motion sequence numbers 002 and 003 are consolidated for disposition.
*387In motion sequence number 002, defendants Charmer Industries, Inc. and Peerless Importers, Inc., move to dismiss the complaint (CPLR 3211 [a] [7]), on the ground that no private right of action for price discrimination exists under the Alcoholic Beverage Control Law. In motion sequence number 003, plaintiffs Diane Serra Inc. and Garnet Wines & Liquors Inc. move for permission to serve a sur-reply to the earlier motion, pursuant to Commercial Division rule 19.
Plaintiffs are wine and liquor…
2Cases cited6 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- CPC International Inc. v. McKessonNew York Court of Appeals · 1987
- Motyka v. City of AmsterdamNew York Court of Appeals · 1965
- Affiliated Distillers Brands Corp. v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1969
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