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RUSSIN BEER, INC. v. PHOENIX BEVERAGES, INC.

200 A.D.2d 659 (1994)

607 N.Y.S.2d 60

Russin Beer, Inc., Respondent, v. Phoenix Beverages, Inc., et al., Appellants, et al., Defendant

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

January 24, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

This case centers on the Returnable Container Act (ECL 27-1001 et seq.), which provides for the payment of the familiar five-cent deposit when certain beverages are purchased in New York State. The statute requires soft-drink, beer, and ale containers sold or offered for sale in New York to have a refund value of at least five cents (see, ECL 27-1005). Under the legislative scheme...

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