AMSTERDAM TOBACCO CO., INC. v. HAROLD LEVINSON ASSOC., LLC

2018-11161. Index No. 502413/18.

201 A.D.3d 846 (2022)

162 N.Y.S.3d 397

2022 NY Slip Op 00390

Amsterdam Tobacco Co., Inc., et al., Appellants, v. Harold Levinson Associates, LLC, Respondent, et al., Defendants.

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

Decided January 26, 2022.


Attorney(s) appearing for the Case

Kirby McInerney LLP, New York, NY ( Randall M. Fox and Anthony Maneiro of counsel), for appellants.

Baker Botts LLP, New York, NY ( Andrew M. Lankler of counsel), for respondent.

Barros, J.P., Connolly, Hinds-Radix and Miller, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Harold Levinson Associates, LLC, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it is denied.

The plaintiffs, cigarette distributors, commenced this action against competitor distributors, alleging violations of the Cigarette Marketing Standards Act (Tax Law art 20-A [hereinafter CMSA]). The out-of-state defendants removed the action to federal...

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