YORKSHIRE EGG CO. v. FORT GREENE COLD STOR. CO.


39 Misc.2d 568 (1963)

Yorkshire Egg Co., Inc., Plaintiff, v. Fort Greene Cold Storage Co., Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

June 13, 1963


Attorney(s) appearing for the Case

Robert G. Blabey for Department of Agriculture and Markets, defendant. Garver & Hauser for plaintiff.


BENJAMIN BRENNER, J.

Plaintiff moves in a replevin action to stay defendant Commissioner of Agriculture and Markets of the State of New York "from proceeding with any hearing to determine the fitness and wholesomeness of a quantity of eggs belonging to plaintiff", which are cold-storaged in the warehouse of the corporate defendant. The Commissioner appears specially to set aside service of process upon him and to strike from the amended complaint any...

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