Legal Opinion

Russin Beer, Inc. v. Phoenix Beverages, Inc.

New York Supreme Court

Decided May 9, 1990PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Arthur W. Lonschein, J.

This is an action under the Returnable Container Act (ECL art 27, tit 10) by a beverage retailer against several beverage distributors. The plaintiff has, as required by ECL 27-1007 (1), *274accepted empty bottles from the public, and has redeemed them for the familiar nickel deposit. In so doing, it has come into possession of a large number of bottles, at considerable cost. It is plaintiffs claim that the defendants have not fulfilled their obligation to redeem the bottles from it, for the nickel deposit plus a 1.5-cent handling charge, as required by…

2Cases cited3 opinions

  1. Graceland Corp. v. Consolidated Laundries Corp.Appellate Division of the Supreme Court of the State of New York · 1958
  2. Graceland Corp. v. Consolidated Laundries Corp.New York Court of Appeals · 1959
  3. People v. Port Distributing Corp.Appellate Division of the Supreme Court of the State of New York · 1986

3Cited by2 opinions

  1. Johnson v. Monsanto Chemical Co.District Court, N.D. New York · 2001
  2. Russin Beer, Inc. v. Phoenix Beverages, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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