New York State Food Merchants' Ass'n v. Grant

Plaintiffs commenced this action to declare what has become known as the “ unit pricing law ” invalid. The law is actually regulation 49 of the New York City Department of Consumer Affairs, as amended September 26, 1969, promulgated by the defendant Commissioner of Consumer Affairs.

Upon application to this court, a motion for a preliminary injunction staying enforcement of the regulation was granted by Mr. Justice .Saypol (dated April 15, 1970).

Plaintiffs now move for summary judgment upon the ground that as a matter of law, the defendant does not possess the requisite authority to promulgate…