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McGUIRE v. FOREST AVE GROCERY

179 Misc.2d 602 (1998)

686 N.Y.S.2d 542

Richard T. McGuire, as Commissioner of Agriculture and Markets of the State of New York, Appellant, v. Forest Avenue Grocery, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

November 18, 1998

Attorney(s) appearing for the Case

Joan A. Kehoe and Michael McCormick, Albany, for appellant. Dennis C. Vacco, Attorney-General, New York City (Shirley Sarna and Joy Feigenbaum of counsel), for appellant, amicus curiae.

SCHOLNICK, J. P., and ARONIN, J., concur; PATTERSON, J., dissents in a separate memorandum.

MEMORANDUM.

Order reversed without costs, motion to enter default judgment granted and matter remanded to the court below for all further proceedings.

Plaintiff commenced an action against defendant to recover penalties for violation of the Agriculture and Markets Law. Defendant failed to appear and plaintiff moved for entry of a default judgment. The lower court held that plaintiff had no standing to commence...

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