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CARODENUTO v. NYCHHC

156 Misc.2d 361 (1992)

593 N.Y.S.2d 442

Frank Carodenuto, Individually and as Guardian ad Litem for Antoinette Carodenuto, Plaintiff, v. New York City Health & Hospitals Corp. et al., Defendants.

Supreme Court, Bronx County.

November 16, 1992

Attorney(s) appearing for the Case

Fusco & Carlin, Yonkers (John J. Fusco of counsel), for plaintiff. Martin, Clearwater & Bell, New York City (George VanSelter and James M. Hyland of counsel), for defendants.

LEWIS R. FRIEDMAN, J.

In 1986 Congress adopted the Emergency Medical Treatment and Active Labor Act (EMTALA) (42 USC § 1395dd)1 which sets a Federal standard for certain aspects of emergency room treatment. This summary judgment motion by plaintiff and defendants' cross motion to dismiss claims under 42 USC § 1395dd call for...

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