New York Hearing Aid Society, Inc. v. Children's Hospital & Rehabilitation Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
An organization of independent hearing aid dealers and two individual dealers have commenced this action to enjoin the Children’s Hospital and Rehabilitation Center of Utica, a nonprofit hospital, from “fitting, renting or selling hearing aids for a profit”, an alleged violation of subdivision 2 of section 785-a of the General Business Law. Compensatory and punitive damages are also sought. The defendant has moved to dismiss the complaint, alleging that primary jurisdiction to consider the dispute is with the Secretary of State and that plaintiffs lack standing to sue. We…
3Cases cited9 opinions
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Fritz v. Huntington HospitalNew York Court of Appeals · 1976
- Bradford Central School District v. AmbachNew York Court of Appeals · 1982
- Our Lady of Good Counsel Roman Catholic Church & School v. BallAppellate Division of the Supreme Court of the State of New York · 1974
- Ecology Action v. Van CortNew York Supreme Court · 1979
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