PEOPLE v. WALDBAUMS


87 Misc.2d 543 (1976)

The People of the State of New York, Plaintiff, v. Waldbaums, Inc., Defendant.

City Court of Yonkers.

July 16, 1976


Attorney(s) appearing for the Case

Bartel, Engelman & Fishman (Joel S. Formon of counsel), for defendant. Eugene J. Fox, Corporation Counsel (Richard L. Steer of counsel), for plaintiff.


ROBERT W. CACACE, J.

The defendant herein, an operator of a large supermarket within the City of Yonkers, is charged with selling herring by the piece in violation of the Code of the City of Yonkers.

The defendant has moved for dismissal on various grounds. It alleges that the ordinance permits the sale of herring by the piece; that the code is ambiguous; that the ordinance is unenforceable as being...

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