State v. Milk Handlers & Processors Ass'n

The Attorney-General brings this action to enjoin the defendants, wholesale milk dealers, from engaging in certain practices claimed to be in violation of section 340 of the General Business Law, commonly called the Donnelly Act. The Attorney-General moved at Special Term for a temporary injunction and several defendants cross-moved to dismiss the complaint. Special Term denied both applications.

The cross motion was based on two contentions; firstly, that the allegations of the complaint are insufficient in that they are confined to specific instances of acts which, while they may be acts…