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BAY FIREWORKS, INC. v. CITY OF NEW YORK

251 A.D.2d 359 (1998)

674 N.Y.S.2d 392

Bay Fireworks, Inc., et al., Respondents, v. City of New York et al., Appellants

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

June 8, 1998

Ordered that the order is affirmed, with costs.

While the respondents were transporting fireworks through Queens in a van, a New York City Police Department Lieutenant observed that the van had a sign saying that it was carrying "explosives", and that the van did not have a Fire Department escort. The lieutenant stopped the van, and the fireworks were confiscated. The respondents brought this action, inter alia, to compel the return of the fireworks.

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