NY STATEWIDE COALITION v. NYC

10508.

110 A.D.3d 1 (2013)

970 N.Y.S.2d 200

2013 NY Slip Op 5505

In the Matter of NEW YORK STATEWIDE COALITION OF HISPANIC CHAMBERS OF COMMERCE et al., Respondents, v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE et al., Appellants.

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

Decided July 30, 2013.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Fay Ng , Leonard J. Koerner , Pamela Seider Dolgow , Mark Muschenheim and Jasmine M. Georges of counsel), for appellants.

Latham & Watkins, LLP, Washington, D.C. ( Richard P. Bress of the bar of the District of Columbia, admitted pro hac vice, of counsel), for respondents, and James E. Brandt , New York City, for The American Beverage Association, respondent.

Weil, Gotshal & Manges LLP, New York City ( James W. Quinn , Salvatore A. Romanello and Gregory Silbert of counsel), for The National Restaurant Association, respondent.

Mololamken LLP, New York City ( Steven F. Molo and Ben Quarmby of counsel), for The New York Statewide Coalition of Hispanic Chambers of Commerce and another, respondents.

Rivkin Radler, LLP, Uniondale ( Evan H. Krinick , Barry I. Levy and Brian L. Bank of counsel), for Soft Drink and Brewery Workers Union, Local 812, International Brotherhood of Teamsters, respondent.

Reese Richman LLP, New York City ( Kim E. Richman of counsel), for The National Alliance for Hispanic Health and others, amici curiae.

Bromberg Law Office, P.C., New York City ( Brian L. Bromberg of counsel), for The National Association of Local Boards of Health and others, amici curiae.

King & Spalding LLP, New York City ( Ann M. Cook of counsel), for The New York State Conference of the National Association for the Advancement of Colored People and others, amici curiae.

Watkins, Bradley & Chen LLP, New York City ( Clifford Y. Chen , Stephanie F. Bradley and Adam F. Watkins of counsel), for New York City Council Members Maria Del Carmen Arroyo and others, amici curiae.

Featherstonhaugh, Wiley & Clyne, LLP, Albany ( James D. Featherstonhaugh of counsel), for The Business Council of New York State, Inc. and others, amici curiae.

Shapiro, Arato & Isserles LLP, New York City ( Alexandra A.E. Shapiro , Marc E. Isserles and Chetan A. Patil of counsel), for The Chamber of Commerce of the United States of America and others, amici curiae.

Friedman Kaplan Seiler & Adelman LLP, New York City ( Bruce S. Kaplan and Yitzchak E. Soloveichik of counsel), for The Street Vendor Project, amicus curiae.

Order, Supreme Court, New York County, entered March 11, 2013, affirmed, without costs.


OPINION OF THE COURT

RENWICK, J.

In this hybrid CPLR article 78/declaratory judgment proceeding, we are called upon to decide the constitutionality of the New York City Board of Health's Sugary Drinks Portion Cap Rule. The Sugary Drinks Portion Cap Rule, dubbed the "Soda Ban," prohibits New York City restaurants, movie theaters and other food service establishments...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases