Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

On December 15, 2023, Justice Andrew Borrok granted a motion to dismiss a challenge to New York’s Alcoholic Beverage Control Law by two beer distributors, who contended the law’s regulation of alcohol distribution in the state was unconstitutional. The decision in Boston Beer Corp., et al. v. Boening Brothers, Inc., et al., Index No. 655582/2021, found that the plaintiffs did not yet have standing to seek a declaratory judgment on the law’s constitutionality because the challenged provision concerning wholesaler consolidations in the beer industry was “remedial,” and no damage award had yet been made. The Court explained: Read More