New York Supreme Court December 15, 1970 (Stephens v. Department of Health)

W. Vincent Grady, J.

Defendant, Department of Health of Orange County, moves for an order striking the cross claim of the defendant, Alexander Krasnitz, M.D., as being inconsistent with the common law of the State of New York or upon the ground that it is an independent claim or in the alternative for an order striking from the cross claim any allegations referring to the duty of the defendant