McGuire v. Forest Avenue Grocery, Inc.

OPINION OF THE COURT

Memorandum.

Order reversed without costs, motion to enter default judg*603ment granted and matter remanded to the court below for all further proceedings.

Plaintiff commenced an action against defendant to recover penalties for violation of the Agriculture and Markets Law. Defendant failed to appear and plaintiff moved for entry of a default judgment. The lower court held that plaintiff had no standing to commence the action and dismissed it. However, a review of the record on appeal indicates that the Attorney-General, who is specifically empowered under sections 8 and 44 of…