
    The People of the State of New York v. The Liberman Dairy Co., Defendant.
    (Supreme Court, New York Special Term,
    April, 1908.)
    Penalties — Actions for penalties — Pleading — Complaint — Manner of stating separate causes of action.
    Pleading — Complaint or declaration — Manner of stating separate causes of action — Separate penalties.
    In an action to recover penalties for alleged violations of the Agricultural Law (L. 1893, ch. 338) in the sale of milk, the facts as to the sale of each can of millc need not be separately stated as a cause of action.
    Motion requiring plaintiff to serve an amended complaint.
    W. S. Jackson, Attorney-General (Henry W. Bridges, of counsel), for People.
    Rounds & Schurman (A. A. Weil, of counsel), for defendant.
   Hendrick, J.

Motion to require plaintiff to serve an amended complaint wherein should be separately stated and numbered the causes of action set forth in the complaint in an action to recover for penalties for alleged violations of the Agricultural Law. It has been held that cumulative penalties may be recovered in one action. People v. Koster, 121 App. Div. 852. The provision of the statute, however, is only declaratory of the manner of computing the amount of the recovery. To make it necessary to allege the facts in a separate cause of action to recover the penalty for each can of milk of many sold at one sale would, in this case, make the complaint of ridiculous length and defeat the object of reducing pleadings to the simplest form. People v. Buell, 85 App. Div. 141-144.

Motion denied.  