Du Mond v. Curtis

Appellate Division of the Supreme Court of New York

Du Mond v. Curtis

282 A.D. 817, 123 N.Y.S.2d 534, 1953 N.Y. App. Div. LEXIS 5008

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 2, 1953

StatusPublished

This text of 282 A.D. 817 (Du Mond v. Curtis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Du Mond v. Curtis, 282 A.D. 817, 123 N.Y.S.2d 534, 1953 N.Y. App. Div. LEXIS 5008 (N.Y. Ct. App. 1953).

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Opinion

Appeal from a judgment of Supreme Court, Albany County. The judgment merely directs that the defendant be enjoined from purchasing milk from a milk producer and from handling or selling any such milk, or in processing such milk without the required license, but that “ such ” restraint “ shall not apply to the operation of a dairy products store by defendant ”. Appellant is not aggrieved. He is in exactly the same position he would have been under the former statute before entry of a judgment which merely re-echoed that statutory language. The statute has now been amended (Agriculture and Markets Law, § 257, subd. 3, as amd. by L. 1953, ch. 535). There is no substance to the constitutional point raised by appellant. Judgment unanimously affirmed, with costs to the respondent. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Appeal from a judgment of Supreme Court, Albany County. The judgment merely directs that the defendant be enjoined from purchasing milk from a milk producer and from handling or selling any such milk, or in processing such milk without the required license, but that “ such ” restraint “ shall not apply to the operation of a dairy products store by defendant ”. Appellant is not aggrieved. He is in exactly the same position he would have been under the former statute before entry of a judgment which merely re-echoed that statutory language. The statute has now been amended (Agriculture and Markets Law, § 257, subd. 3, as amd. by L. 1953, ch. 535). There is no substance to the constitutional point raised by appellant. Judgment unanimously affirmed, with costs to the respondent. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 817, 123 N.Y.S.2d 534, 1953 N.Y. App. Div. LEXIS 5008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/du-mond-v-curtis-nyappdiv-1953.