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HOMIER DISTRIB. CO. v. ALBANY

163 Misc.2d 723 (1995)

621 N.Y.S.2d 826

Homier Distributing Company, Inc., Plaintiff, v. City of Albany, Defendant.

Supreme Court, Albany County.

January 12, 1995

Attorney(s) appearing for the Case

Iseman, Cunningham, Riester & Hyde, Albany, for plaintiff. Vincent J. McArdle, Jr., Corporation Counsel of Albany, for defendant.

GEORGE B. CERESIA, JR., J.

Plaintiff Homier Distributing Company (Homier) has instituted this action against the defendant City of Albany (City) and moved for partial summary judgment declaring section 7-240 of the Code of the City of Albany (the ordinance) to be in violation of the Commerce Clause of the United States Constitution (US Const, art I, § 8, cl [3]). Plaintiff further seeks a directive that...

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