New York Ass'n of Convenience Stores v. Urbach

We respectfully dissent. In order to establish standing, petitioners must demonstrate that they have suffered an injury in fact, that such injury falls within the zone of interest that the underlying statute aims to protect or promote and that the injury alleged is different in degree or kind from that suffered by the general public (see, e.g., Society of Plastics Indus. v County of Suffolk, 77 NY2d 761).

We agree with the majority that petitioners have suffered an injury in fact, inasmuch as they claim that respondents’ failure to enforce the statutes and regulations at issue has placed them…