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DANA DISTRIBS. v. DEC

140 Misc.2d 1071 (1988)

Dana Distributors, Inc., Plaintiff, v. Department of Environmental Conservation et al., Defendants.

Supreme Court, Orange County.

September 2, 1988

Attorney(s) appearing for the Case

Stein Davidoff & Malito for plaintiff. Robert Abrams, Attorney-General, for defendants.

ANGELO J. INGRASSIA, J.

In this action the plaintiff (Dana), a "distributor" of beverages, seeks declaratory and injunctive relief with respect to certain provisions of the New York State Returnable Container Act (the Act) (ECL, art 27, tit 10) and the regulations (6 NYCRR part 367) of the Commissioner of Environmental Conservation (Commissioner) promulgated thereunder. As pertinent, the Act requires a distributor to accept and pay the refund value, for...

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