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NATIONAL REST v. NYC HEALTH

654024/15, 2629.

148 A.D.3d 169 (2017)

2017 NY Slip Op 01140

49 N.Y.S.3d 18

NATIONAL RESTAURANT ASSOCIATION, Appellant, v. NEW YORK CITY DEPARTMENT OF HEALTH & MENTAL HYGIENE et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 10, 2017.

Attorney(s) appearing for the Case

Golenbock Eiseman Assor Bell & Peskoe LLP, New York City ( S. Preston Ricardo , Jacqueline G. Veit , Elizabeth C. Conway and Alexander K. Parachini of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Aaron M. Bloom and Fay Ng of counsel), for respondents.

The Richman Law Group, Brooklyn ( Kim E. Richman of counsel), and Public Good Law Center, Berkeley, California ( Seth E. Mermin and Thomas Bennigson of counsel), for American Heart Association and others, amici curiae.

SAXE, J.P., MOSKOWITZ, GISCHE and KAHN, JJ., concur.

OPINION OF THE COURT

Salt is both an essential ingredient of our diet and, when consumed in excess, a significant health hazard. Excess consumption of sodium, the primary ingredient of salt, can cause high blood pressure, which is in turn correlated with a higher risk of cardiovascular disease, congestive heart failure and kidney...

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