CONCOURSE NURSING HOME v. ENGELSTEIN


278 A.D.2d 35 (2000)

717 N.Y.S.2d 154

CONCOURSE NURSING HOME, Appellant, v. DANIEL ENGELSTEIN et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 7, 2000.


The action was properly dismissed on the ground that the tortious conduct alleged involved the petitioning of a governmental agency that is immune from suit under the First Amendment of the US Constitution. "Although the Noerr-Pennington doctrine initially arose in the antitrust field, the courts have expanded it to protect First Amendment petitioning of the government from claims brought under Federal and State law, including claims asserted pursuant to 42 USC §...

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