People v. Liberman Diary Co.
New York Supreme Court
Motion requiring plaintiff to serve an amended complaint.
1Opinion of the CourtHendrick, J.
Motion to require plaintiff to serve an amended complaint wherein should be separately stated and numbered the causes of action set forth in the complaint in an action to recover for penalties for alleged violations of the Agricultural Law. It has been held that cumulative penalties may be recovered in one action. People v. Koster, 121 App. Div. 852. The provision of the statute, however, *23is only declaratory of the manner of computing the amount of the recovery. To make it necessary to allege the facts in a separate cause of action to recover the penalty for each can of milk of many sold at…
2Cases cited2 opinions
- People v. BuellAppellate Division of the Supreme Court of the State of New York · 1903
- People v. KosterAppellate Division of the Supreme Court of the State of New York · 1907