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LE DRUGSTORE v. N Y S BD. OF PHARMACY

33 N.Y.2d 298 (1973)

Le Drugstore Etats Unis, Inc., Respondent, v. New York State Board of Pharmacy et al., Appellants.

Court of Appeals of the State of New York.

Decided December 28, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas P. Zolezzi and Ruth Kessler Toch of counsel), for appellants.

No appearance for respondent.

Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur.

BREITEL, J.

The State Board of Pharmacy, Department of Education, and the Attorney-General, seek reversal of an Appellate Division order in an action for a declaratory judgment upholding the right of plaintiff retailer to use the name "Le Drugstore" even though it is not licensed as a pharmacy. They contend that the Education Law forbids an unlicensed business to be called a "drug store", regardless of public...

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