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G. HEILEMAN BREWING CO., INC. v. NEW YORK STATE LIQUOR AUTH.

237 A.D.2d 203 (1997)

654 N.Y.S.2d 773

G. Heileman Brewing Company, Inc., et al., Respondents, v. New York State Liquor Authority, Appellant

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

March 25, 1997

In denying defendant's motion to dismiss, the motion court correctly invoked "settled law that, where no factual issue is raised, a declaratory judgment action may be maintained to challenge the validity or application of a particular statute without exhausting administrative remedies" (Westwood Pharms. v Chu, 164 A.D.2d 462, 467, lv denied 77 N.Y.2d 807). Moreover, in view of defendant's firm statement of policy, it is evident...

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