N.Y.A.A.D. v. STATE OF NY


1 N.Y.3d 245 (2003)

803 N.E.2d 375

771 N.Y.S.2d 54

N.Y.A.A.D., INC., Doing Business as AUTOMOTIVE RECYCLERS' ASSOCIATION OF NEW YORK, et al., Appellants, v. STATE OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided December 18, 2003.


Attorney(s) appearing for the Case

DeGraff, Foy, Kunz & Devine, LLP, Albany (George J. Szary, Robert E. Biggerstaff, Douglas R. Kemp and Lori A. Sievers of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Julie S. Mereson, Caitlin J. Halligan and Daniel Smirlock of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

G.B. SMITH, J.

Appellants (collectively NYAAD), vehicle dismantlers and recyclers engaged in the sale of salvaged airbags, commenced this declaratory judgment action against the State and the Commissioner of Motor Vehicles challenging the validity of the Airbag Safety and Anti-theft Act and the Commissioner's action—or, more precisely, inaction—with respect to the Act. The issue before this Court is whether the Act, which...

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