GOLDBERG v. CORCORAN


136 Misc.2d 213 (1987)

Donald D. Goldberg et al., Plaintiffs, v. James P. Corcoran et al., Defendants.

Supreme Court, Queens County.

April 16, 1987


Attorney(s) appearing for the Case

Jane Breslin Jacobs for defendants. Anthony J. Bonomo for plaintiffs.


ALAN LeVINE, J.

In this action for a declaratory judgment and injunctive relief, defendant moves to dismiss the complaint for failure to state a cause of action.

Plaintiffs herein seek a judgment declaring that section 5108 of the Insurance Law is unconstitutional. Plaintiff Donald D. Goldberg, M.D., is a physician licensed to practice medicine in New York with a practice in orthopedic surgery. Plaintiff...

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