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LACHICA v. JAFFE

No. 83 CV 2764.

578 F.Supp. 83 (1983)

Ruby D. LACHICA, Plaintiff, v. Bernard M. JAFFE, Individually and in his official capacity as Chief of Surgery at Downstate Medical Center; Downstate Medical Center, Defendants.

United States District Court, E.D. New York.

October 12, 1983.

Attorney(s) appearing for the Case

Charles P. Kelly, New York City, for plaintiff.

Robert Abrams, Atty. Gen. of the State of N.Y., for defendants; Melvyn R. Leventhal, Stanley A. Camhi, Asst. Attys. Gen., of counsel.

ORDER

McLAUGHLIN, District Judge.

By this motion, both defendants seek a dismissal of plaintiff's claim pursuant to Fed.R.Civ.P. 12(b)(6) or, alternatively, summary judgment under Rule 56. Relying solely upon the allegations of the complaint, I find that the complaint must be dismissed as to Downstate Medical Center ("Downstate") for failure to state a claim upon which relief may be granted.

Dismissal under Rule 12(b)(6) should be granted only in...

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