Hornbeck v. Towner

Plaintiff moves for summary judgment and defendant moves to dismiss the complaint for insufficiency.

The action is one to recover damages, alleged to have been sustained by reason of the failure of the defendant to comply with the requirements of sections 1115 and 1116 of the Public Health Law.

If such failure gives rise to a cause of action to an individual claiming to have been damaged by such failure, then the complaint states a cause of action, and the motion to dismiss for insufficiency would fail.

On that precise question, this is a case of first impression.

Defendant contends that the…