Deanna Wins Reconsideration of Client's Denial of an E-Cig License in NY Supreme Court
In an Article 78 proceeding brought by our firm, Deanna Clark-Esposito, Esq. challenged the wrongful denial by the NYC Dept. Of Consumer Affairs ("DCA") of our client's application for an Electronic Cigarette Retail Dealer License ("ECRD"), as well as the agency's motion to dismiss arguing that our claim was time-barred.
Following the return of all required information for the ECRD application in early 2018, our client was nonetheless denied on the basis that DCA needed proof of the business address. This was despite the fact that DCA had already been in possession of the business address since 2017 as it had previously issued the store a Tobacco Retailer Dealer ("TRD") License. The agency further sent a TRD renewal license to our client during the same period when the agency's position had been that it did not have proof of the business address.
After oral argument with NYC Law Dept. counsel for the DCA, we defeated the motion to dismiss and went on to win the right for the client to have his ECRD application reconsidered back at the agency.
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