DEPT. OF HEALTH v. NATURAL PLATING


12 A.D.2d 419 (1961)

Department of Health of the City of New York, Respondent, v. Natural Plating Corporation, Formerly Known as Metallic Flowers, Inc., Appellant, et al., Defendant

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

March 28, 1961.


Attorney(s) appearing for the Case

Borris M. Komar for appellant.

John A. Murray of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel), for respondent.

BREITEL, J. P., McNALLY, STEVENS, EAGER and STEUER, JJ., concur.


Per Curiam.

This is an appeal from an order entered June 5, 1959, insofar as it granted a motion of the plaintiff to retain certain devices and literature during the pendency of the action and denied defendant's cross motion for summary judgment.

The devices (metal bracelets) and literature were seized by the Department of Health on March 15, 1955, as misbranded devices. They were then the property of Metallic...

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