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CAREY v. STANDARD BRANDS

12 A.D.2d 233 (1961)

Daniel J. Carey, as Commissioner of Agriculture and Markets of The State of New York, Respondent, v. Standard Brands Incorporated, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 6, 1961.

Attorney(s) appearing for the Case

Dunnington, Bartholow & Miller (Charles G. Pillon and Charles L. Stewart of counsel), for appellant.

Robert G. Blabey for respondent.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur.

HERLIHY, J.

The Commissioner of Agriculture and Markets commenced this action for the purpose of enjoining the defendants from violating section 199-a of the Agriculture and Markets Law captioned "Prohibition as to adulterated or misbranded food".

Section 38 of the law authorizes an application for an injunction to be made "on the part of the people".

The defendant manufactured a gelatinous dessert...

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