Evaluating implied rights of action with respect to litigation seeking a "private remedy"

In Ortiz v Ciox Health LLC, 2021 NY Slip Op 06425, the Court of Appeals answered the question presented in question in the negative.

The Court explained that "A plenary private right of action would be inconsistent with the statutory scheme and the requisite legislative intent for an implied private right of action is not present", concluding that no private right of action lies for violations of Public Health Law §18(2)(e) in this instance.

Click HERE to access the text of the Court of Appeals' decision.