Appellate Division of the Supreme Court of the State of New York July 19, 1972 (Le Drugstore Etats Unis, Inc. v. New York State Board of Pharmacy)

Simons, J. (dissenting).

Paragraph g of subdivision 3 of section 6804 of the Education Law (now § 6811, subd. 6) prohibiting the use of the name “ drugstore ” by any but a licensed pharmacy is a clear prohibition of the use here. There is no good reason advanced why an exception should be made for plaintiff in this case.