Legal Opinion
City of New York v. Smokes-Spirits.Com, Inc.
New York Court of Appeals
Decided June 9, 2009PublishedCited by 114 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
These consolidated actions arise out of plaintiff City of New York’s claims that defendants’ allegedly illegal marketing and shipment of cigarettes into this state have deprived it of tax revenues. To resolve plaintiff’s state law claims, the United States Court of Appeals for the Second Circuit has certified two questions to us. First, “[d]oes the City have standing to assert its claims under General Business Law § 349?” (541 F3d 425, 457 [2008].) Second, “[m]ay the City assert a common law public nuisance claim that is predicated on N.Y. Public Health Law §…
2Cases cited22 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Stutman v. Chemical BankNew York Court of Appeals · 2000
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- McLean v. City of New YorkNew York Court of Appeals · 2009
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3Cited by114 opinions
- Nick's Garage, Inc. v. Progressive Casualty Insurance Co.Court of Appeals for the Second Circuit · 2017
- Koch v. ACKER, MERRALL & CONDIT COMPANYNew York Court of Appeals · 2012
- Goldemberg v. Johnson & Johnson Consumer Companies, Inc.District Court, S.D. New York · 2014
- Doctor Fred L. Pasternack v. Laboratory Corporation of America HoldingsNew York Court of Appeals · 2016
- Koenig v. Boulder Brands, Inc.District Court, S.D. New York · 2014
109 more not listed; retrieve them via the Exa API.