City of New York v. Dairylea Cooperative, Inc.

Where a milk wholesaler and distributor maintains in its storage area, containers of milk, imprinted with the date and the name of the packer, which, when selected on a random basis from other similarly marked containers, are determined to be improperly labeled, there has been proven a prima facie case of these containers being offered for sale within the meaning of sections 833-16.0 and 833-22.0 of the Administration Code of the City of New York (see Wickham v. Levine, 47 Misc 2d 1, 5, affd. 24 A D 2d 1035, affd. 23 N Y 2d 923). Accordingly, it was improper to dismiss the complaint at' the…