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CITY OF NEW YORK v. JOB-LOT PUSHCART

213 A.D.2d 210 (1995)

623 N.Y.S.2d 851

City of New York, Respondent, v. Job-Lot Pushcart et al., Defendants, and JA-RU, Appellant

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

March 14, 1995

The IAS Court properly found that Administrative Code § 10-131 (g), which, inter alia, governs the sale, possession, manufacturing, distributing and transporting of toys or imitation pistols or revolvers, was not preempted by 15 USC § 5001, and Federal regulation 15 CFR part 1150, which also governs, inter alia, the manufacture, shipping, and transport of any toy, look-alike and imitation firearms.

Consideration of issues arising under the...

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