JANCYN MFG. v. SUFFOLK COUNTY


71 N.Y.2d 91 (1987)

Jancyn Manufacturing Corp., Respondent, v. County of Suffolk, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1987.


Attorney(s) appearing for the Case

Martin Bradley Ashare, County Attorney (Frederick Eisenbud of counsel), for appellant.

A. Thomas Levin and Joseph Jaspan for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


SIMONS, J.

Plaintiff, the manufacturer of a cesspool additive known as "Drainz," a product which contains chlorinated hydrocarbons, commenced this action seeking a declaration that Suffolk County Local Law No. 12 of 1980 was invalid because it was superseded by ECL article 39. Local Law No. 12 prohibits the sale of cesspool additives, defined to include any organic chemical or compound used for cleaning or unclogging...

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