THE PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, as Attorney General of the State of New York, Appellant,
v.
STURM, RUGER & COMPANY, INC., et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 24, 2003.
June 24, 2003.
Attorney(s) appearing for the Case
Eliot Spitzer of counsel (Caitlin J. Halligan, Beth L. Golden, Peter B. Pope, Hillary Weisman and Sachin S. Pandya on the brief; Eliot Spitzer, Attorney General, attorney), for appellants.
Lawrence S. Greenwald of counsel (Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, attorneys), for Beretta U.S.A. Corp., respondent.
David R. Gross of counsel (Budd Larner Gross Rosenbaum Greenberg & Sade, attorneys), for RSR Wholesale Guns, Inc. doing business as RSR Group, New York, Inc., and others, respondents.
William E. Vita and James P. Door on the brief; Gallagher, Gosseen, Faller & Crowley and Wildman, Harrold, Allen & Dixon, attorneys, for Sturm, Ruger & Company, Inc., respondent.
Thomas E. Healy and Thomas E. Fennell on the brief; Pino & Associates, LLP and Jones, Day, Reavis & Pogue, for Colt's Manufacturing Co., Inc., respondent.
Brian Heermance and Michael C. Hewitt on the brief; Morrison, Mahoney & Miller and Bruinsma & Hewitt, for Bryco Arms, respondent.
Timothy A. Bumann on the brief; Budd Larner Gross Rosenbaum Greenberg & Sade, for Taurus International Manufacturing, Inc., respondent.
John F. Renzulli on the brief; Renzulli & Rutherford, LLP, for Glock Inc. and another, respondents.
Michael Branisa and Michael Zomcik on the brief; Tarics & Carrington, P.C., for Phoenix Arms, respondent.
Eric Proshansky of counsel (Gail Rubin on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for City of New York, amicus curiae.
BUCKLEY, P.J., and LERNER, J., concur with MARLOW, J.; ROSENBERGER, J., dissents in a separate opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
MARLOW, J.
Plaintiff State of New York, by its Attorney General, commenced this action with a complaint alleging that defendant corporations, which are handgun manufacturers, wholesalers and retailers, have created, contributed to, and maintained a public nuisance by their respective manufacturing, distributing and marketing practices. Plaintiff now appeals from an order of the Supreme Court which consolidated and granted defendants...
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