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VATORE v. COMM'R OF CONSUMER AFFAIRS OF THE CITY OF NEW YORK

192 A.D.2d 520 (1993)

596 N.Y.S.2d 113

Bob Vatore et al., Appellants, v. Commissioner of Consumer Affairs of the City of New York et al., Respondents

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

April 5, 1993

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, and it is declared that Local Laws, 1990, No. 67 of the City of New York is invalid on the ground that it is preempted by State law.

On November 8, 1990, Local Laws, 1990, No. 67 of the City of New York was enacted by the New York City Council to restrict the distribution of cigarettes within the City of New York through vending machines. That law provided, "No person shall...

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