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WERTH v. MARTIN

79 A.D.2d 861 (1980)

Dale Werth et al., Doing Business as Werthwhile Farms, Inc., et al., Appellants, v. Roland Martin et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 12, 1980

Order unanimously affirmed, with costs.

Memorandum:

The record shows that the issues which plaintiffs seek to have resolved in this action were fully litigated by them on their complaint against defendant A. E. Albert and Sons, Inc. (Albert), made to the Commissioner of the New York State Department of Agriculture and Markets pursuant to subdivision 3 of section 246 and sections 247 and 251-b of the Agriculture and Markets Law, and determined by him. Plaintiffs...

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