Koehler v. Department of Agriculture & Markets
This text of 164 Misc. 44 (Koehler v. Department of Agriculture & Markets) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
For the reasons outlined in Pavlick v. Department of Agriculture & Markets (164 Misc. 42), decided concurrently herewith, the motion of the plaintiff for an injunction pendente lite is denied, without costs.
The motion of the defendants to dismiss the complaint is granted without costs, upon the ground that the complaint now fails to state cause of action, as it seeks to enjoin the enforcement and to secure a declaratory judgment of unconstitutionality as to a statute that by legislation has ceased to exist.
Submit orders accordingly.
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Cite This Page — Counsel Stack
164 Misc. 44, 299 N.Y.S. 131, 1937 N.Y. Misc. LEXIS 1816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koehler-v-department-of-agriculture-markets-nysupct-1937.