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Flair Beverage Corp. v. C&C Cola, Inc.
Citations: 248 A.D.2d 285; 670 N.Y.S.2d 462; 1998 N.Y. App. Div. LEXIS 3186
Court: Appellate Division of the Supreme Court of the State of New York; March 23, 1998; New York; State Appellate Court
Judgment from the Supreme Court of New York County, presided over by Justice Herman Cahn, entered on January 17, 1997, upheld the dismissal of the plaintiffs' complaint after a nonjury trial. The court affirmed that the Returnable Container Act (ECL 27-1001 et seq.) is not violated when a distributor rejects returned containers that have been dismembered in reverse vending machines, as these cannot be verified for brand and refund value through visual inspection (6 NYCRR 367.5 [b], 367.7 [a]). The court ruled that a distributor's refusal to accept such containers, unless submitted by a trusted intermediary with an acceptable examination method, does not undermine the Act's purpose. Additionally, the plaintiffs' claim of unjust enrichment against the distributor was found to be unsupported and appropriately dismissed. Other arguments presented by the plaintiffs were also deemed without merit. The decision was unanimous, with Justices Sullivan, Milonas, Rosenberger, and Tom concurring.