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N. Y. S. FOOD MERCHS.' ASSN. v. GRANT

63 Misc.2d 550 (1970)

New York State Food Merchants' Association, Inc., et al., Plaintiffs, v. Bess M. Grant, as Commissioner of Consumer Affairs of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

June 25, 1970

Attorney(s) appearing for the Case

Foley, Hickey & Currie (John M. Foley of counsel), for plaintiffs. J. Lee Rankin, Corporation Counsel (Israel Rubin, Joseph Halpern and J. Owen Zurhellen, III, of counsel), for defendant.

NATHANIEL T. HELMAN, J.

Plaintiffs commenced this action to declare what has become known as the "unit pricing law" invalid. The law is actually regulation 49 of the New York City Department of Consumer Affairs, as amended September 26, 1969, promulgated by the defendant Commissioner of Consumer Affairs.

Upon application to this court, a motion for a preliminary injunction staying enforcement of the regulation was granted by Mr. Justice SAYPOL...

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