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SOC. OF N. Y. HOSP. v. BLAKE

73 Misc.2d 305 (1973)

Society of the New York Hospital, Plaintiff, v. Charles Blake, Defendant and Third-Party Plaintiff. Jule M. Sugarman, as Commissioner of Social Services of the City of New York, Third-Party Defendant.

Civil Court of the City of New York, Special Term, New York County.

March 13, 1973

Attorney(s) appearing for the Case

Hayt, Hayt, Tolmach & Landau for plaintiff. Mary B. Tarcher and Steven Bernstein for defendant and third-party plaintiff. Norman Redlich, Corporation Counsel (Karl D. Zukerman of counsel), for third-party defendant.

LEONARD H. SANDLER, J.

On this motion to reconsider a previous order of this court dismissing the third-party complaint, additional facts have been presented which alter quite radically the nature of the legal issues presented.

I am now convinced that the previous order should be vacated and the motion for summary judgment denied.

More than that, the virtually undisputed facts before me make it the clear duty of the Department of Social...

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