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SMALL v. MEM HOSP

106 Misc.2d 487 (1980)

Jack Small, as Administrator of The Estate of Elizabeth Small, Deceased, Plaintiff, v. Memorial Hospital, Defendant.

Supreme Court, Special Term, Albany County.

October 20, 1980

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore for defendant. Sanford Rosenblum for plaintiff.

AARON E. KLEIN, J.

The defendant has moved, pursuant to CPLR 3211 (subd [a], par 7) for dismissal of the second cause of action in plaintiff's amended complaint which seeks damages for alleged wrongful death of the plaintiff's decedent. (EPTL 5-4.3.)

A review of the amended complaint reveals that the first cause of action alleges that the decedent had been treated at the defendant hospital at which the defendant, and its agents, employees and...

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