Legal Opinion
Carey v. Standard Brands Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 1961Published
1Opinion of the CourtHerlihy, J.
The Commissioner of Agriculture and Markets commenced this action for the purpose of enjoining the defendants from violating section 199-a of the Agriculture and Markets Law captioned “ Prohibition as to adulterated or misbranded food ”.
Section 38 of the law authorizes an application for an injunction to be made “ on the part of the people ”.
The defendant manufactured a gelatinous dessert and the complaint alleged a misbranding of the product.
After joinder of issue, the plaintiff moved and the defendant cross-motioned for an examination before trial pursuant to section 288 of the Civil…
2Cases cited8 opinions
- United States v. CaliforniaSupreme Court of the United States · 1936
- Woods v. LancetNew York Court of Appeals · 1951
- Guarantee Title & Trust Co. v. Title Guaranty & Surety Co.Supreme Court of the United States · 1912
- City of Buffalo v. Hanna Furnace Corp.New York Court of Appeals · 1953
- Commissioners of State Insurance Fund v. LapidusNew York Supreme Court · 1943
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