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TRIBOROUGH BRIDGE & TUNNEL AUTH. v. NEW YORK CITY DEP'T OF ENVTL. PROT.

226 A.D.2d 136 (1996)

640 N.Y.S.2d 78

Triborough Bridge and Tunnel Authority, Appellant-Respondent, v. New York City Department of Environmental Protection et al., Respondents, and New York State Department of Labor, Respondent-Appellant

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

April 4, 1996

The motion court erred in treating this private contractual dispute as a regulatory dispute, inasmuch as there has been no assertion of regulatory power pursuant to any statute or code by a governmental entity. Therefore, since the doctrine of preemption is not implied here (see, Building & Constr. Trades Council v Associated Bldrs. & Contrs., 507 U.S. 218), it does not bar DEP...

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