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NOTO v. ST. VINCENT'S HOSP.

142 Misc.2d 292 (1988)

Wendy Noto, Plaintiff, v. St. Vincent's Hospital and Medical Center of New York et al., Defendants.

Supreme Court, New York County.

December 28, 1988

Attorney(s) appearing for the Case

Curtis & Riess-Curtis for Joseph Vittorio, defendant. Costello & Shea for St. Vincent's Hospital and Medical Center of New York, defendant. Lipsig, Sullivan & Liapakis for plaintiff.

MICHAEL J. DONTZIN, J.

The defendant, Dr. Joseph Vittorio, moves and the codefendant, St. Vincent's Hospital (St. Vincent's), cross-moves to dismiss the complaint on the grounds that it fails to state a cause of action (CPLR 3211 [a] [7]). The plaintiff cross-moves for summary judgment (CPLR 3212).

The plaintiff's cross motion for summary judgment must be denied as premature. "A motion for summary judgment...

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