Kew Gardens Sanitarium, Inc. v. Trussell

This is a proceeding instituted under article 78 of the CPLR to review and annul the determination of the Commissioner of Hospitals of the City of New York wherein the petitioners were refused the renewal of an annual license to conduct a private proprietary hospital.

A trial of the issues was held before this court pursuant to the direction of the Appellate Division, Supreme Court, Second Department (20 A D 2d 717, revg. 39 Misc 2d 742). Upon this trial, the corporate petitioner, a domestic stock corporation and the owner and operator of Kew Gardens General Hospital, seeks to annul said…