STATE OF N. Y. v. MILK HANDLERS ASSN.


52 Misc.2d 658 (1967)

State of New York, Plaintiff, v. Milk Handlers and Processors Association, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

January 6, 1967


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, George C. Mantzoros and Louis Smigel of counsel), for plaintiff. Weil, Gotschal & Manges (Ira M. Millstein, Marshall C. Berger and William J. Abelow of counsel), for Milk Handlers and Processors Association, Inc., and another, defendants. Hays, Sklar & Herzberg (Sydney C. Winton and Geoffrey M. Kalmus of counsel), for Dellwood Dairy Co., Inc., and another, defendants. Fromer, Stein & Berko for Gold Medal Farms, Inc., defendant. Mumma, Crane, Costabel & Savarese for Grandview Dairy, Inc., defendant. Malcolm A. Hoffman and Abner P. Slatt for Jerome Dairies Co., Inc., and others, defendants. Paul, Weiss, Rifkind, Wharton & Garrison (Edward N. Costikyan and Sidney S. Rosdeitcher of counsel), for Holland Farms, Inc., and others, defendants.


ABRAHAM J. GELLINOFF, J.

Plaintiff moves for a temporary injunction and defendants cross-move to dismiss the complaint upon the grounds (1) that the complaint fails to state a cause of action; and (2) that the court lacks jurisdiction over the subject matter of the action.

1. The complaint alleges, substantially in the language of section 340 of the General Business Law, that defendants and others did...

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