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STENGEL v. SMITH

37 Misc.2d 947 (1963)

Elmer S. Stengel, as Corporation Counsel for the City of Buffalo, Plaintiff, v. William Smith et al., Defendants.

Supreme Court, Erie County.

January 14, 1963

Attorney(s) appearing for the Case

Elmer S. Stengel, Corporation Counsel, in person (Anthony Gregory of counsel), for plaintiff. Lipsitz, Green, Fahringer & Fleming (Herald P. Fahringer, Jr., of counsel), for defendants.

HAMILTON WARD, J.

This is a civil action brought pursuant to the provisions of section 22-a of the Code of Criminal Procedure. This section creates a cause of action which may be maintained in the Supreme Court by certain public officers and against a person, firm or corporation which publishes, sells or distributes, or is about to sell or distribute, or has in his possession, with intent to sell or distribute...

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