Legal Opinion
Dairylea Cooperative, Inc. v. Walkley
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1975PublishedCited by 2 opinions
1Opinion of the Court
Judgment, Supreme Court, Albany County, entered on September 6, 1974, affirmed, without costs, on the opinion of Larkin, J., at Special Term (79 Misc 2d 707). Herlihy, P. J., Kane and Reynolds, JJ., concur; Sweeney and Main, JJ., dissent and vote to reverse in the following memorandum by Sweeney, J. Sweeney, J. (dissenting). While we readily accept much that is expressed in Special Term’s opinion, we are unable to agree with its conclusion that petitioner has failed to satisfy the second prong of the standing test as enunciated in Data Processing Serv. v Camp (397 US 150). The court therein…
2Cases cited7 opinions
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Columbia Gas of New York, Inc. v. New York State Electric & Gas Corp.New York Court of Appeals · 1971
- In re Friendship Dairies, Inc. v. Du MondAppellate Division of the Supreme Court of the State of New York · 1954
- Sealtest Foods Division of National Dairy Products Corp. v. WickhamAppellate Division of the Supreme Court of the State of New York · 1969
- Dairylea Cooperative, Inc. v. WalkleyNew York Supreme Court · 1974
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3Cited by2 opinions
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Matter of New York Taxi Workers Alliance v. New York City Taxi & Limousine CommissionAppellate Division of the Supreme Court of the State of New York · 2025