PEOPLE v. PARK MADISON CLINICAL & X-RAY LABS., INC.


36 N.Y.2d 734 (1975)

The People of the State of New York, Respondent, v. Park Madison Clinical & X-Ray Laboratories, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 20, 1975.


Attorney(s) appearing for the Case

Michael Oakes Finkelstein, Gerald A. Novack and Peter L. Agovino for appellant.

Adrian P. Burke, Corporation Counsel (L. Kevin Sheridan of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI and WACHTLER. Dissent: Judges JONES, FUCHSBERG and COOKE.


Order affirmed on the ground that, within the four corners of the ordinance (New York City Health Code, § 13.21), such intervention of the physician is suggested as not to permit "standing orders".

Judges JONES, FUCHSBERG and COOKE dissent and vote to reverse on the ground that the ordinance is not sufficiently clear to require the intervention of a physician as argued by the city and as sustained...

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