23-94th St. Grocery Corp. et al v. New York City Board of Health et al

Filing 63

OPINION AND ORDER re: 46 FIRST MOTION for Summary Judgment. 22 MOTION for Preliminary Injunction. For reasons further set forth in said Order, the Court concludes that Art 181.19 is a requirement with respect to promotion of cigarettes that is fo rbidden by section 1334(b) of the Labeling Act. The Court hereby grants plaintiffs' motion for summary judgment, denies defendants' motion for summary judgment, and declares Article 181.19 null and void. The Clerk of the Court is directed to enter final judgment forthwith in accordance with this Opinion and to close the documents numbered 22 and 46 on the docket of this case. (Signed by Judge Jed S. Rakoff on 12/29/10) (db)