Bremer v. Bellizzi
| Decision Date | 24 November 1971 |
| Citation | 37 A.D.2d 1041,325 N.Y.S.2d 919 |
| Parties | Edward W. BREMER, Appellant, v. John J. BELLIZZI et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Harvey & Harvey, Albany (Jonathan P. Harvey, Albany, of counsel), for appellant.
Louis J. Lefkowitz, Atty. Gen. (Gearon J. Kimball, Albany, of counsel), for respondents.
Appeal from an order of the Supreme Court at Special Term, entered in Albany County on February 13, 1969, which dismissed the complaint upon the ground that there was a failure to comply with section 14 of the Public Health Law.
The requirement of obtaining permission from a Justice of the Supreme Court, to commence an action such as the present one was recently considered by this court in the case of Clark v. Cannizzaro, 37 A.D.2d 634, 635, 322 N.Y.S.2d 337.
Order affirmed upon the opinion at Special Term (58 Misc.2d 773, 296 N.Y.S.2d 860), without costs and without prejudice to such further proceedings as the plaintiff may be advised to institute.
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...Bellizzi, 58 Misc.2d 773, 775, 296 N.Y.S.2d 860 [Sup.Ct., Schenectady Co., 1969, O'Brien, J.], aff'd sub nom. Bremer v. Bellizzi, 37 A.D.2d 1041, 325 N.Y.S.2d 919 [3rd Dept., 1971] If such condition precedent exists (as here), an allegation of such judicial permission must be pleaded in the......
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