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T & L REDEMPTION CTR. CORP. v. PHOENIX BEVERAGES, INC.

238 A.D.2d 504 (1997)

656 N.Y.S.2d 678

T & L Redemption Center Corp., Respondent, v. Phoenix Beverages, Inc., et al., Defendants, and Port Distributing Corp. et al., Appellants

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

April 21, 1997

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellants' motion for summary judgment. However, we disagree with the Supreme Court's view that the plaintiff redemption center needed only to identify the brand of the beverage containers to establish the distributors' obligations to redeem such containers. Rather, the applicable rule is "[a] distributor shall accept from a dealer or operator of a redemption center any empty beverage...

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