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GREATER NY. AUTO v. STATE DMV

5685-12.

40 Misc.3d 875 (2013)

969 N.Y.S.2d 721

2013 NY Slip Op 23212

In the Matter of GREATER NEW YORK AUTOMOBILE DEALERS ASSOCIATION et al., Petitioners, v. DEPARTMENT OF MOTOR VEHICLES OF THE STATE OF NEW YORK et al., Respondents.

Supreme Court, Albany County.

Decided April 10, 2013.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Charles J. Quackenbush of counsel), for Department of Motor Vehicles and another, respondents. Hiscock & Barclay, LLP, Albany ( Linda J. Clark of counsel), for Tesla Motors, Inc. and another, respondents. Putney, Twombly, Hall & Hirson LLP, New York City ( Philip H. Kalban of counsel), for petitioners. Bond, Schoeneck & King, PLLC, Albany ( Hermes Fernandez of counsel), for New York State Automobile Dealers Association, proposed intervener.

OPINION OF THE COURT

RAYMOND J. ELLIOTT, III, J.

Petitioners filed an amended petition pursuant to CPLR article 78 which sought a judgment cancelling and annulling the registration and the certificate of registration issued by the Commissioner of the Department of Motor Vehicles (DMV) to Tesla Motors New York LLC (Tesla-NY) to register and operate as a retail motor vehicle dealer in the State of New York at 125 Westchester Avenue, White Plains, New York...

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