Loblaw, Inc. v. New York State Board of Pharmacy

Goldman, J. (dissenting).

I cannot agree with, the determination reached by the majority that Bayer Aspirin is not a “ proprietary ” medicine within the meaning of section 6816 (subd. 2, par. c) of article 137 of the Education Law. I concur completely with Special Term’s conclusion in this respect. The exhaustive memorandum of Justice Motile in my view correctly sets forth the state of the authorities in New York and all other jurisdictions on the subject and no good purpose can be served by repeating what he has so ably written.

In my judgment Bayer Aspirin is a proprietary medicine within the…