Opinion
May 7, 1943.
Plaintiff brought this action to restrain defendant from dealing in and distributing or selling milk without a milk dealer's license. Plaintiff applied for an injunction pendente lite. Defendant made a cross motion to dismiss the complaint for insufficiency. The Special Term denied the cross motion and granted the injunction. The proof sustains the decision. (See Noyes v. Wohl, 266 App. Div. 52, decided April 28, 1943.) Order unanimously affirmed, without costs. Defendant is given ten days from the service of the order and notice of entry within which to answer or otherwise plead to the complaint, if he so desires. All concur.