Legal Opinion
McCartney v. Austin
New York Supreme Court
Decided August 16, 1968PublishedCited by 7 opinions
1Opinion of the Court
David F. Lee, Jr., J.
In this action for declaratory judgment and injunction defendants move to dismiss plaintiffs ’ complaint on the ground that “ the pleading fails to state a cause of action” (CPLR 3211, subd. [a], par. 7), and for summary judgment pursuant to CPLR 3212. The plaintiffs, by way of cross motion, move for summary judgment.
The infant plaintiff Thomas E. McCartney II who resides with his parents in the Maine-Endwell School District, not having been immunized against poliomyelitis in accordance with section 2164 of the Public Health Law, was refused admittance to the sixth grade…
2Cases cited28 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Prince v. MassachusettsSupreme Court of the United States · 1944
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
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3Cited by7 opinions
- In Re QuinlanSupreme Court of New Jersey · 1976
- State Ex Rel. Swann v. PackTennessee Supreme Court · 1975
- McCartney v. AustinAppellate Division of the Supreme Court of the State of New York · 1969
- Sweeney v. MurphyAppellate Division of the Supreme Court of the State of New York · 1972
- In re Gregory SNew York Family Court · 1976
2 more not listed; retrieve them via the Exa API.