Legal Opinion

Snap 'N' Pops, Inc. v. Dillon

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

Decided January 29, 1979PublishedCited by 4 opinions

1Opinion of the Court

*220OPINION OF THE COURT

Shapiro, J.

Plaintiff-appellant is the manufacturer of an item called "snap 'n’ pops”. In its complaint it sought a judgment restraining and enjoining the defendants-respondents from interfering with the sale, transportation, distribution and storage of its product. The complaint also sought a declaration that the item in question did not fall within the definition of the term "fireworks” contained in section 270.00 of the Penal Law and therefore could legally be sold within this State.

After hearing expert testimony from both sides the Trial Justice made a declaration "that…

2Cases cited14 opinions

  1. Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
  2. Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
  3. Cullen v. NaplesNew York Court of Appeals · 1972
  4. New York Foreign Trade Zone Operators, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1941
  5. Delaney v. . FloodNew York Court of Appeals · 1906

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3Cited by4 opinions

  1. Ulster Home Care, Inc. v. VaccoAppellate Division of the Supreme Court of the State of New York · 1999
  2. Cherry v. KochNew York Supreme Court · 1985
  3. Baris Shoe Co. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1996
  4. Metropolitan Savings Bank v. Residual Realties, Ltd.New York Supreme Court · 1980

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