CAREY v. INSTANTWHIP SCHDY., INC.


10 Misc.2d 113 (1958)

Daniel J. Carey, as Commissioner of Agriculture and Markets of the State of New York, Plaintiff, v. Instantwhip Schenectady Inc. et al., Defendants.

Supreme Court, Albany County.

April 15, 1958.


Attorney(s) appearing for the Case

Henry E. Gillette and Robert G. Blabey for plaintiff.

Whalen, McNamee, Creble & Nichols for defendants.


CHRISTOPHER J. HEFFERNAN, Off. Ref.

Plaintiff has instituted this action against defendant and two of its officers to enjoin the manufacture and sale of one of its products known as Instantwhip topping on the theory that it is a violation of section 68-a of the Agriculture and Markets Law, more particularly the second paragraph of that section, because vegetable fat or oil "has been added to or mixed or blended...

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