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COWIN v. HUNTINGTON HOSP.

130 Misc.2d 267 (1985)

Pamela Cowin, Plaintiff, v. Huntington Hospital, Defendant.

Supreme Court, Special Term, Suffolk County.

November 1, 1985

Attorney(s) appearing for the Case

Furey & Furey, P. C., for defendant. Migliore, Sanna & Infranco for plaintiff.

MELVYN TANENBAUM, J.

This motion by defendant, Huntington Hospital, for an order pursuant to CPLR 3211 (a) (7) dismissing the complaint is granted.

Upon a motion to dismiss a complaint for failure to state a cause of action, the court must accept the facts alleged in the complaint as true and determine whether these facts fit within any cognizable legal theory (Klondike Gold v Richmond Assoc., 103 A.D.2d 821...

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