Legal Opinion
Wilner v. Department of Health
New York Supreme Court
Decided January 3, 1957PublishedCited by 3 opinions
1Opinion of the CourtSamuel W. Eager, J.
This is a motion for summary judgment in an action for a declaratory judgment. There is no dispute in the material facts, and it is, therefore, clear that this motion may be properly entertained and granted. (Roer Constr. Corp. v. City of New Rochelle, 207 Misc. 46, and cases cited.) The court should, upon this motion, grant judgment for such declaration as is justified by the undisputed facts.
The plaintiff, since 1950, has been and still is engaged in the operation of a 35-bed private proprietary nursing home located in the Westchester County health district. Under duly promulgated…
2Cases cited11 opinions
- Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1950
- S. H. Kress & Co. v. Department of HealthNew York Court of Appeals · 1940
- Jewish Consumptives' Relief Society v. Town of WoodburyAppellate Division of the Supreme Court of the State of New York · 1930
- Jewish Consumptives' Relief Society v. Town of WoodburyNew York Court of Appeals · 1931
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3Cited by3 opinions
- Carr v. St. John's UniversityNew York Supreme Court · 1962
- Cypress Estates, Inc. v. MooreNew York Supreme Court · 1966
- Horn v. Bernalillo County Valuation Protests BoardNew Mexico Court of Appeals · 1980