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SLOTKIN v. BROOKDALE HOSPITAL CENTER

No. 71 Civ. 4044.

357 F.Supp. 705 (1972)

Steven John SLOTKIN, an infant by his father and natural guardian Bert Slotkin, and Bert Slotkin, Plaintiffs, v. BROOKDALE HOSPITAL CENTER et al., Defendants.

United States District Court, S. D. New York.

June 20, 1972.

Attorney(s) appearing for the Case

Zale & Toberoff, New York City, for plaintiffs.

Granki, Garson, Silverman & Nowicki, New City, N. Y., Attorneys for Benjamin R. Schenck (Supt. of Insurance, state of N. Y.).

MOTLEY, District Judge.

Memorandum Opinion and Order

This is a diversity action for damages for fraud and misrepresentation. One of the defendants, Citizens Casualty Company (Citizens), moves by its liquidator, Benjamin R. Schenck, Superintendent of Insurance of the State of New York, to dismiss the action against it.

The facts alleged in the complaint, which are of some importance to this motion, are as follows. Plaintiffs several years ago...

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