The State, in the present motion, seeks to dismiss the instant claim: (1) for failure to state a cause of action; and (2) on the ground that the claim was commenced by a party, who lacked the legal capacity to bring suit.
From January 10, 1977 to May 16, 1977, Thelma Sheinbaum was a patient at Downstate Medical Center (hereinafter referred to as Downstate). Thereafter, on June...
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