PEOPLE v. TWO WHEEL CORP.


71 N.Y.2d 693 (1988)

The People of the State of New York, by Robert Abrams, as Attorney-General of the State of New York, Respondent, v. Two Wheel Corp., Doing Business as Honda-Yamaha of Mineola, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 28, 1988.


Attorney(s) appearing for the Case

Allen J. Rothman and Jessel Rothman for appellants.

Robert Abrams, Attorney-General (Elizabeth Bradford and O. Peter Sherwood of counsel), for respondent.

Judges SIMONS, KAYE, TITONE and BELLACOSA concur with Chief Judge WACHTLER; Judge ALEXANDER dissents and votes to reverse in a separate opinion in which Judge HANCOCK, JR., concurs.


Chief Judge WACHTLER.

This appeal requires us to consider several aspects of New York's price-gouging statute (General Business Law § 396-r), which prohibits merchants from charging unconscionably excessive prices for essential consumer goods during disruptions in the market caused by such forces as strikes, power failures, weather conditions and other emergencies...

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