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BORDEN v. CHESTERFIELD FARMS

27 A.D.2d 165 (1967)

Seymour Borden et al., Respondents, v. Chesterfield Farms, Inc., Appellant, et al., Defendants

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

February 23, 1967.

Attorney(s) appearing for the Case

David Kashman of counsel (Robert B. Marcus, Herbert L. Maltinsky and Lawrence K. Katz with him on the brief; Marcus, Maltinsky & Marcus, attorneys), for appellant.

Morris D. Forkosch of counsel (Shapiro & Alter with him on the brief), for respondents.

CAPOZZOLI and RABIN, JJ., concur with McNALLY, J.; STEUER, J. P., concurs in opinion.

McNALLY, J.

In this action for damages for the breach of oral contracts to establish, finance and service afternoon household milk delivery routes in the Borough of The Bronx, City of New York, the appeal of defendant-appellant raises questions as to the validity of the contracts and the proof of damages. The production and distribution of milk is regulated. (Agriculture and Markets Law, art. 21.) Plaintiffs...

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