METRO. DAY SCH. v. BAUMGARTNER


41 Misc.2d 560 (1963)

Metropolitan Association of Private Day Schools, Inc., et al., Plaintiffs, v. Leona Baumgartner et al., Constituting the Board of Health of the City of New York, Defendants.

Supreme Court, Special Term, Kings County.

October 3, 1963


Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel, for defendants. Liebowitz, Deixel & Brodsky for plaintiffs.


JAMES S. BROWN, JR., J.

In this action to declare unconstitutional certain enumerated sections of article 47 of the New York City Health Code and to restrain the enforcement thereof, the defendants move for an order pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act for judgment on the pleadings dismissing the amended complaint and on the further ground that it fails to state facts sufficient to constitute a...

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