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HAWKINS v. McCLUSKEY

79 A.D.2d 853 (1980)

Deborah Hawkins, Individually and as Administratrix of The Estate of Howard Hawkins, Deceased, Respondent, v. Alice J. McCluskey et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 12, 1980

Order unanimously reversed, with costs, motion granted and complaint dismissed.

Memorandum:

In this action brought to recover for the alleged wrongful death of Howard Hawkins while a patient at defendant Genesee Hospital, defendants Alice Jane McCluskey, Ronald S. Kooper and Warren (named in the complaint as "William") Couse, employees of Genesee Hospital, moved to dismiss the complaint against them for failure to state a cause of action (CPLR 3211, subd ...

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