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Matter of Subway Check Cashing v. Considine

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1990
158 A.D.2d 406 (N.Y. App. Div. 1990)

Opinion

February 22, 1990

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


IAS did not err in holding that petitioner, a licensed check casher, lacked standing under Banking Law § 369 to challenge the issuance of a check-cashing license to a competitor at nearby location, since a competitive injury, in and of itself, does not confer standing to challenge an administrative determination (Matter of Dairylea Coop. v Walkley, 38 N.Y.2d 6; Matter of Nostrand Check Cashing Co. v Clark, 27 Misc.2d 799, affd 13 A.D.2d 922). In any event, the record contains a rational basis for respondents' finding that the proposed new check-cashing facility would "promote the convenience and advantage of the area" (Banking Law § 369).

Concur — Rosenberger, J.P., Asch, Ellerin and Wallach, JJ.


Summaries of

Matter of Subway Check Cashing v. Considine

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1990
158 A.D.2d 406 (N.Y. App. Div. 1990)
Case details for

Matter of Subway Check Cashing v. Considine

Case Details

Full title:In the Matter of SUBWAY CHECK CASHING SERVICE, INC., Appellant, v. JILL M…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 22, 1990

Citations

158 A.D.2d 406 (N.Y. App. Div. 1990)
551 N.Y.S.2d 521

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