Vatore v. Commissioner of Consumer Affairs

In Vatore v. Commissioner of Consumer Affairs (83 N.Y.2d 645 [1994]) the Court of Appeals held that state law did not preempt a local law that limited the location of cigarette vending machines. The Court found no legislative intent for uniform state control of vending machines. The state statute was not so broad and detailed to support field preemption. Moreover, a narrow express preemption provision concerning free cigarette distribution evidenced intent not to preempt the entire field.