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WESTCHESTER MILK COUNCIL v. CITY OF MT. VERNON

201 Misc. 655 (1952)

Westchester Milk Council, Inc., et al., Plaintiffs, v. City of Mount Vernon et al., Defendants.

Supreme Court, Special Term, Westchester County.

May 12, 1952.

Attorney(s) appearing for the Case

Hays, Wolf, Schwabacher, Sklar & Epstein for plaintiffs.

Harry Zimmerman, Corporation Counsel (Samuel Collins of counsel), for defendants.

GALLAGHER, J.

This is a motion by plaintiffs in an action for a declaratory judgment for judgment on the pleadings and to strike certain allegations from the answer as sham and frivolous. There is a cross motion by defendants to strike certain allegations of the complaint as irrelevant.

The action arises out of an ordinance adopted by the common council of Mount Vernon requiring the dating of milk. The...

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