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METALLIC FLOWERS v. CITY OF NEW YORK

5 N.Y.2d 246 (1959)

Metallic Flowers, Inc., Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided March 5, 1959.

Attorney(s) appearing for the Case

Borris M. Komar for appellant.

Charles H. Tenney, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for respondents.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

Per Curiam.

In March of 1955 two Inspectors of the Board of Health of the City of New York seized, pursuant to article 8 of the Sanitary Code of the City of New York, a number of plaintiff's "Electro-Therapeutic Bracelets" together with all accompanying literature. The basis for the seizure was that all circulars, devices and placards were misbranded and, so, liable to be seized by the Board of Health as such. The seizure...

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