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PIZZINGRILLI v. VON KESSEL

100 Misc.2d 1062 (1979)

Carla Pizzingrilli et al., Plaintiffs, v. F. Fred Von Kessel et al., Defendants.

Supreme Court, Monroe County.

August 27, 1979

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Dennis R. McCoy of counsel), for Rochester General Hospital, defendant. Roder & Di Nieri (Robert A. Di Nieri of counsel), for plaintiffs.

ELIZABETH W. PINE, J.

Defendant Rochester General Hospital (hospital), the only defendant appearing on this application, seeks "an order, pursuant to Sections 3211[a](7) and 3017(c) of the Civil Practice Law and Rules, dismissing the third and fifth causes of action on the ground that they fail to state a cause of action".

Plaintiffs' complaint contains five separately pleaded claims: first, against...

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