Clark v. Cannizzaro

One of the defendants, Joseph Cannizzaro, moves this court for the dismissal of the complaint, upon the ground that section 14 of the Public Health Law is a bar to the action, since it requires the action to be brought against him in the Court of Claims exclusively, and further requires that the plaintiffs must have obtained leave of a Supreme Court Justice as a condition precedent to instituting the action.

The statute provides, in pertinent part:

“ 1. No civil action shall be brought in any court against a physician, officer or employee of the department, in his personal capacity, for alleged…