New York-- Smaller sodas were set to hit New York City eateries tomorrow until a judge stepped in at the eleventh hour to strike down the new regulations.

New York Supreme Court Judge Milton Tingling ruled Monday that the city may not enforce the new regulation, CBS New York reported Monday afternoon. The ban, which was set to take place Tuesday, applied to sugary drinks larger than 16 ounces sold at restaurants, fast food establishments, delis, sports venues and movie theaters. The limits do not apply to milk-based and alcoholic beverages sold at these eateries. Also exempt are sugar-sweetened drinks sold at grocery stories and convenience stores.

Tingling said loopholes in the regulations defeated the limit's stated purpose.

"It is arbitrary and capricious because it applies to some but not all food establishments in the City, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, the loopholes inherent in the Rule, including but not limited to limitations on re-fills, defeat and/or serve to gut the purpose of the Rule," Tingling wrote in his ruling.