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BIG APPLE ICE CREAM, INC. v. CITY OF NEW YORK

7 A.D.3d 282 (2004)

776 N.Y.S.2d 251

BIG APPLE ICE CREAM, INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

May 6, 2004.

Plaintiff claims that Local Laws No. 27 (1997) and No. 23 (1999) of the City of New York, which regulate food vendor permits, violate the Equal Protection Clauses of the New York and United States Constitutions. However, these ordinances are subject only to rational basis scrutiny (see e.g. City of New Orleans v Dukes, 427 U.S. 297, 303 [1976]; Big Apple Food Vendors' Assn. v City of New York, 228 A.D.2d 282<...

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