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LAMOREE v. BINGHAMTON GEN. HOSP.

68 Misc.2d 1051 (1972)

Bethel M. Lamoree, as Administratrix of The Estate of Thomas H. Lamoree, Deceased, Plaintiff, v. Binghamton General Hospital, Defendant. Bethel M. Lamoree, as Administratrix of The Estate of Thomas H. Lamoree, Deceased, Plaintiff, v. Richard W. Rommel, Defendant.

Supreme Court, Special Term, Broome County.

January 4, 1972

Attorney(s) appearing for the Case

Hackett, Harbachuk, Thomas, Crawford & Connerton (John Harbachuk of counsel), for plaintiff. Martin, Clearwater & Bell (John Ganotis of counsel), for Richard W. Rommel, defendant. Kramer, Wales, Robinson & McAvoy (Philip J. Kramer of counsel), for Binghamton General Hospital, defendant.

DAVID F. LEE, JR., J.

The plaintiff in these wrongful death actions moves, in each of the actions, pursuant to CPLR 3211 (subd. [b]) to dismiss the affirmative defense alleged in defendants' answers, "on the ground that a defense is not stated".

The affirmative defense alleged in the answer of the defendant Binghamton General Hospital alleges: "5. That the death of the plaintiff's intestate, and the damages and injuries referred to in the plaintiff...

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