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NEW YORK STATE REST. ASS'N, INC. v. STATE

105 A.D.2d 619 (1984)

New York State Restaurant Association, Inc., et al., Appellants-Respondents, v. State of New York, Respondent-Appellant, and City of New York et al., Respondents

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

November 8, 1984

Although suits against the State primarily seeking money damages should be brought in the Court of Claims (Cass v State of New York, 58 N.Y.2d 460; Schaffer v Evans, 57 N.Y.2d 992), it is clear that a declaratory judgment action in the Supreme Court is an appropriate means to attack the constitutionality of a statute. (Cass v State of New York, supra; Press v County of Monroe...

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