State v. Rutkowski

The State of New York and the Commissioner of Health move for summary judgment against the defendants Rutkowski and Conti upon the grounds that said defendants have no meritorious defense and, as a matter of law, there are no triable issues of fact. The plaintiffs seek similar relief against such other named defendants as may be necessary to effectuate summary relief against defendants Rutkowski and Conti. A preliminary injunction was issued by Judge Casey on April 2, 1974.

The underlying action is for a permanent injunction pursuant to article 11 of the Public Health Law and ECL article 17,…