CITY OF NEW YORK v. SMOKES-SPIRITS.COM


12 N.Y.3d 616 (2009)

CITY OF NEW YORK, Appellant, v. SMOKES-SPIRITS.COM, INC., et al., Respondents, et al., Defendants. (And Other Actions.)

Court of Appeals of New York.

Decided June 9, 2009.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth S. Natrella, Leonard Koerner and Eric Proshansky of counsel), for appellant.

Luebben Johnson & Barnhouse LLP (Randolph Barnhouse, of the New Mexico bar, admitted pro hac vice, of counsel), and Girvin & Ferlazzo, P.C., Albany (Salvatore D. Ferlazzo of counsel), for Hemi Group, LLC and another, respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

CIPARICK, J.

These consolidated actions arise out of plaintiff City of New York's claims that defendants' allegedly illegal marketing and shipment of cigarettes into this state have deprived it of tax revenues. To resolve plaintiff's state law claims, the United States Court of Appeals for the Second Circuit has certified two questions to us. First, "[d]oes the City have standing to assert its claims under General Business Law §...

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