STATE OF N. Y. v. GARLICK CHAPELS


55 Misc.2d 797 (1967)

State of New York, Plaintiff, v. J. S. Garlick Parkside Memorial Chapels, Inc., Defendant.

Supreme Court, Special Term, New York County.

December 14, 1967


Attorney(s) appearing for the Case

Goldstein, Judd & Gurfein (Orrin G. Judd and Joseph Rubin of counsel), for defendant. Louis J. Lefkowitz, Attorney-General (Barnett Levy and Henry P. Lipscomb, Jr., of counsel), for plaintiff. George Goodstein for New York State Funeral Directors Assn., amicus curiæ.


HARRY B. FRANK, J.

This is a motion by defendant dismissing the complaint for failure to state a cause of action, or alternatively for summary judgment dismissing the complaint, or alternatively to strike out certain matters as irrelevant and prejudicial.

The action is to compel defendant, a funeral establishment, by way of injunctive relief to comply with section 3440-a of the Public Health Law, by...

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