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AHLERS, INC., v. CITY OF N. Y.

59 Misc.2d 634 (1969)

Carl Ahlers, Inc., et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Trial Term, New York County.

April 24, 1969

Attorney(s) appearing for the Case

Joseph Winston for plaintiffs. J. Lee Rankin, Corporation Counsel (James M. Brachman and Susan Rosenfeld of counsel), for defendants.

BERNARD NADEL, J.

This is an action to have sections 81.48 and 81.49 of the New York City Health Code declared unconstitutional.

In April, 1967 there was an outbreak of salmonellosis in the City of New York, which was traced to a frozen dessert that contained an unpasteurized egg product. On November 16, 1967 the New York City Health Code was amended as follows:

"§ 81.48 Broken out eggs...

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