Legal Opinion
City of New York Department of Consumer Affairs v. Coney Island Service Station
Civil Court of the City of New York
Decided April 21, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
The question before the court is whether the New York City Department of Consumer Affairs may properly promulgate and enforce a regulation (with accompanying civil penalties) prohibiting the retail sale of gasoline at rates exceeding the maximum prices established by the United States Department of Energy, pursuant to the Emergency Petroleum Allocation Act (US Code, tit 15, § 751 et seq.).
Defendants challenge the validity of the local statute, arguing that it is pre-empted by the very Federal legislation after which it is styled, by virtue of the…
2Cases cited9 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Ray v. Atlantic Richfield Co.Supreme Court of the United States · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Isla Petroleum Corp. v. Department of Consumer AffairsDistrict Court, D. Puerto Rico · 1986
- Blue Chip Coffee, Inc. v. ApplebaumNew York Supreme Court · 1985