Majority
p. 609The People of the State of New York, Respondent, v. Liberman Dairy Company, Appellant. (Argued June 1, 1909; decided June 15, 1909.)
Headnote
People v. Liberman Dairy do., 128 App. Div. 904 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 23, 1908, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action to recover penalties for alleged violations of the provision of the Agricultural Law forbidding the sale of adulterated milk.
The following question was certified : “ Does the amended complaint state facts sufficient to constitute a cause of action % ”
A. W. Weil and Joseph Ilirschman for appellant.
JET. W. Bridges for respondent.
Order affirmed, with costs, and question certified answered in the affirmative ; no opinion.
Concur: Gray, Edward T. Bartlett, Yann, Werner and Hisoock, JJ.; Cullen, Cli. J., and Haight, J., dissent upon the ground that the fact that the prohibition of the sale of skim milk in New York and Kings counties is unqualified, while the legislature recognizes such milk as an article fit for sale in the other counties of the state, renders this provision of the statute invalid.