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FRANZA v. CAREY

115 Misc.2d 882 (1982)

Edna Franza et al., Plaintiffs, v. Hugh L. Carey, as Governor of the State of New York, et al., Defendants.

Supreme Court, New York County.

August 24, 1982

Attorney(s) appearing for the Case

Gerald B. Lefcourt and Joshua Dratel for plaintiffs. Robert Abrams, Attorney-General (Judith Kramer of counsel), for defendants.

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...

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