Franza v. Carey

OPINION OF THE COURT

Eve Preminger, J.

Plaintiffs seek a preliminary injunction to prevent the enforcement of article 39 of the General Business Law, the so-called “Head Shop Act”, claiming that it violates the Federal and State Constitutions. Defendants oppose the motion for preliminary relief and move to dismiss the action asserting that it is barred by res judicata and that the complaint fails to state a cause of action.

Article 39 of the General Business Law, adapted from the Drug Enforcement Administration’s Model State Drug Paraphernalia Act (the Model Act), prohibits the possession and…