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eBook details

• Title: Matter Cavages
• Author : Supreme Court of New York
• Release Date : January 25, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

[56 A.D.2d 730 Page 730] Order unanimously affirmed, without costs. Memorandum: Since 1966 Cavages, Inc. (Cavages), has owned and operated a retail record store adjacent to the State University of New York at Buffalo. In 1971 the university president, Dr. Robert Ketter, permitted its student association to establish and operate a record co-operative store in a campus building. Although the record co-operative failed to comply with certain conditions imposed upon it by the administration, it was not until October, 1975, after receiving several complaints from Cavages, that Dr. Ketter directed it to close. Following that order, Cavages' premises were picketed by university students and subjected to various acts of vandalism. Subsequently the record co-operative was allowed to reopen, and Cavages commenced an article 78 proceeding as well as a separate action under article 7-A of the State Finance Law. The article 78 proceeding seeks to annul Dr. Ketter's decision allowing the record co-operative to reopen, while the plenary action seeks a judgment directing Dr. Ketter to close the co-operative and enjoining him from permitting it to open. Cavages initially contends that Special Term erroneously dismissed its article 78 proceeding. While it is clear that Cavages has suffered competitive injury, that alone is not a sufficient basis to confer standing upon one who seeks to challenge an official determination which increases competition by allowing an additional competitor to enter the business field (see Matter of Dairylea Coop. v Walkley, 38 N.Y.2d 6, 11; Matter of Capital Tel. Co., v Kahn, 52 A.D.2d 650). Moreover, the relief sought in the article 78 proceeding is substantially the same as that sought in the plenary action. The availability of a specific alternate remedy justifies [56 A.D.2d 730 Page 731]

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