New York Court of Appeals
Consumers Union of U.S., Inc., Appellants-Respondents v. State of New York, Respondents-Appellants…
June 20, 20055 N.Y.3d 327
Summary
The New York Court of Appeals affirmed the dismissal of all plaintiffs' claims, holding that Chapter 1 of the Laws of 2002 does not violate the State Constitution’s Exclusive Privileges Clause, due‑process, takings, contract, or fiduciary‑duty provisions and that the statute supersedes any inconsistent common‑law or statutory duties. The Court found the subscriber plaintiffs had standing but that their allegations were insufficient to state a cognizable cause of action. Judges G.B. Smith and R.S. Smith dissented, contesting the dismissal of the fiduciary‑duty claim and the constitutionality of Chapter 1.