Gurkin v. Siegel

OPINION OF THE COURT

Michael J. Dontzin, J.

This is a motion to dismiss a cause of action predicated on an alleged violation of section 13 of the General Business Law, and raises the issue of whether the plaintiff has a private right of action for a violation of this statute which is penal in nature.

Section 13 of the General Business Law provides as follows: “Whoever maliciously procures any process in a civil action to be served on Saturday, upon any person who keeps Saturday as holy time, and does not labor on that day, or serves upon him any process returnable on that day, or maliciously…