CLARK v. CANNIZZARO


63 Misc.2d 411 (1970)

Howard Clark et al., Plaintiffs, v. Joseph Cannizzaro et al., Defendants.

Supreme Court, Special Term, Albany County.

June 3, 1970


Attorney(s) appearing for the Case

Morris J. Bloomberg for plaintiffs. Carter & Conboy for Joseph Cannizzaro, defendant.


JOHN T. CASEY, J.

One of the defendants, Joseph Cannizzaro, moves this court for the dismissal of the complaint, upon the ground that section 14 of the Public Health Law is a bar to the action, since it requires the action to be brought against him in the Court of Claims exclusively, and further requires that the plaintiffs must have obtained leave of a Supreme Court Justice as a condition precedent to instituting the action.

The statute provides...

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