Pavlick v. Department of Agriculture & Markets

The action is brought by the plaintiff to secure a declaratory judgment declaring section 197-g of the Agriculture and Markets Law unconstitutional and void, and for a permanent injunction restraining the defendants from the enforcement of such section. The plaintiff makes a motion for an injunction pendente lite.

The defendant make cross-motions to dismiss the complaint.

The motions came on to be heard in the first instance at the Special Term held in the county of Broome on March 19, 1937. Such motion was adjourned and subsequently defendants served notice of motion to dismiss the complaint,…