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STERLING OPTICAL v. UNIV. OF N. Y. S.

55 Misc.2d 852 (1968)

Sterling Optical Co., Inc., et al., Plaintiffs, v. University of the State of New York et al., Defendants; Milton Marcus et al., Intervenors-Defendants.

Supreme Court, Albany County.

January 19, 1968

Attorney(s) appearing for the Case

Parker, Chapin & Flattau for plaintiffs. Charles A. Brind for University of the State of New York and others, defendants. Kimmelman, Perkiss & Sexter for intervenors-defendants. Harold Kohn for New York State Optometric Association, amicus curiæ. Sipser, Weinstock & Weinmann for United Optical Workers Union, Local 408, IUE, AFL-CIO, amicus curiæ. Scaduto, Barrata & Solleder for New York State Optical Retailers Association, amicus curiæ. Javits, Trubin, Sillcocks, Edelman & Purcell for Colston Optical of New York, Inc., amicus curiæ.

R. WALDRON HERZBERG, J.

The plaintiff corporations (Sterling), corporate employers of duly licensed optometrists and registered ophthalmic dispensers, instituted this action on or about September 26, 1963, to have declared unconstitutional, illegal and unenforcible paragraphs i, k and l of subdivision 1 of section 70 and paragraphs c, d and e of subdivision 1 of section 76 of the...

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