Kraftco Corp. v. Walkley

Herlihy, J. (concurring).

I agree with the result in this case upon the ground that the record contains evidence that the petitioner was selling milk to stores located in counties where it was not licensed to do business as evidenced by its billings to those stores. Such facts are consistent with the pattern discerned in the cases of Matter of Dairylea Coop. v Dyson (55 AD2d 413); Matter of Sealtest Foods Div. of Nat. Dairy Prods. Corp. v Wickham (33 AD2d 51) and Matter of Glen & Mohawk Milk Assn. v Wickham (28 AD2d 764, affd 24 NY2d 963, cert den 396 US 1004). The petitioner misconstrues the…