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STEPHENS v. DEPT. OF HEALTH

64 Misc.2d 81 (1970)

Helen Stephens et al., Plaintiffs, v. Department of Health of Orange County et al., Defendants.

Supreme Court, Orange County.

August 31, 1970

Attorney(s) appearing for the Case

Daniel J. Bloom for plaintiffs. Louis D. Broccoli for codefendants. Martin, Clearwater & Bell for Alexander Krasnitz, defendant.

JOHN W. SWEENY, J.

This is an action for malpractice against the Orange County Chest Clinic, its supervising bodies: The Department of Health and Board of Supervisors of Orange County, and Dr. Krasnitz who is the Director of the Chest Clinic. The municipal defendants were served with a notice of claim but the defendant doctor was served with only a summons and complaint. The doctor now moves to dismiss the action against him on the ground that it is precluded...

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