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GARAL WHOLESALERS v. MILLER

193 Misc.2d 630 (2002)

751 N.Y.S.2d 679

GARAL WHOLESALERS, LTD., Plaintiff, v. MILLER BREWING COMPANY et al., Defendants.

Supreme Court, Suffolk County.

August 16, 2002.

Attorney(s) appearing for the Case

Barry A. Wadler, New York City, and Delia M. Guazzo, New York City, for plaintiff.

Pino & Associates, LLP, White Plains (Thomas E. Healy of counsel), and Quarles & Brady LLP, Milwaukee, Wisconsin (David R. Cross of the Wisconsin Bar, admitted pro hac vice, of counsel), for Miller Brewing Company, defendant.

Eliot Spitzer, Attorney General, Hauppauge (Denis J. McElligott of counsel), in his statutory capacity under Executive Law § 71.

OPINION OF THE COURT

THOMAS F. WHELAN, J.

This case examines the law governing the rights of the parties concerning the termination of Garal's beer distributorship. The court is called upon to determine whether certain recent amendments to the controlling statute, Alcoholic Beverage Control Law § 55-c, are unconstitutional as violative of the constitutional prohibition against impairing the obligations of contracts (see US Const, art I, §...

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