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CAREY v. STANDARD BRANDS

16 Misc.2d 874 (1959)

Daniel J. Carey, as Commissioner of Agriculture and Markets of the State of New York, Plaintiff, v. Standard Brands Incorporated, Defendant.

Supreme Court, Special Term, Albany County.

April 9, 1959.

Attorney(s) appearing for the Case

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

Dunnington, Bartholow & Miller and Franklin M. Depew (Charles G. Pillon and Franklin M. Depew of counsel), for defendant.

DONALD S. TAYLOR, J.

The plaintiff moves pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings. The defendant cross-moves pursuant to rule 107 of the Rules of Civil Practice and section 279 of the Civil Practice Act to dismiss the complaint on the ground that the court lacks jurisdiction of the subject matter of the action or, in the alternative, for leave pursuant to section 105 of the Civil Practice Act to serve an amended...

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