40 N.Y.2d 560 | NY | 1976
The issue before this court is whether the
We hold 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 and, thus, the affirmative defense must fail. Section 2 of the General Municipal Law defines a municipal corporation for purposes pertinent to our inquiry as including "only a county, town, city and village.” The New York City Health and Hospitals Corporation, established as a public benefit corporation obviously does not fit within this definition. Where the statute is clear and unambiguous on its face, the legislation must be interpreted as it exsits (McKinney’s Cons Laws of NY, Book 1,
The use of the word "only” in the definition of municipal corporation creates a certain and definite restriction on the meaning of that term, which precludes the judicial inclusion of a public benefit corporation. Although the New York City Health and Hospitals Corporation Act specifically incorporated certain provisions of the General Municipal Law (New York City Health and Hospitals Corporation Act, § 20, subd 2; L 1969, ch 1016, as amd, incorporating the provisions of section 50-e of the General Municipal Law in actions against the corporation; see Bender v New York City Health & Hosps. Corp., 38 NY2d 662) and defined the corporation as a municipality for specific purposes (New York City Health and Hospitals Corporation Act, § 4, subd 4; L 1969, ch 1061, as amd, providing that for purposes of conflicts of interest of its directors the corporation shall be a municipality), the act neither incorporated section 50-d nor redefined the corporation for purposes of that section. Absent such provisions the statute is clear and the corporation cannot be judicially deemed a municipal corporation within the meaning of section 50-d.
The order of the Appellate Division should be reversed, with costs, and the motion to strike the first affirmative defense should be granted.
Chief Judge Breitel and Judges Jasen, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed, with costs, and plaintiffs’ motion to strike