New York Court of Appeals
James C. Bender v. Jamaica Hospital, and J. B. Manley
October 26, 197640 N.Y.2d 560
Summary
The New York Court of Appeals held that the New York City Health and Hospitals Corporation is not a municipal corporation within the meaning of section 50-d of the General Municipal Law, so the defendants' affirmative defense failed. The Court reversed the Appellate Division, granting the plaintiffs' motion to strike the defense and awarding costs.