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RUSSIN BEER v. PHOENIX

147 Misc.2d 273 (1990)

Russin Beer, Inc., Plaintiff, v. Phoenix Beverages, Inc., et al., Defendants.

Supreme Court, Queens County.

May 9, 1990

Attorney(s) appearing for the Case

Gidino & Vreeburg for plaintiff. Kelley Drye & Warren for Phoenix Beverages, Inc., defendant.

ARTHUR W. LONSCHEIN, J.

This is an action under the Returnable Container Act (ECL art 27, tit 10) by a beverage retailer against several beverage distributors. The plaintiff has, as required by ECL 27-1007 (1), accepted empty bottles from the public, and has redeemed them for the familiar nickel deposit. In so doing, it has come into possession of a large number of bottles, at considerable cost. It is plaintiff...

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