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FISHER BY FISHER v. NEW YORK HEALTH AND HOSPITALS CORP.

No. 94-CV-2769 (JG).

989 F.Supp. 444 (1998)

Naquan FISHER, an infant, by his mother and natural guardian Felice FISHER, and Felice Fisher, individually, Plaintiffs, v. NEW YORK HEALTH AND HOSPITALS CORPORATION, Raymol Varghese, M.D., Thomas Galloway, M.D., and Junaid Khan, M.D., Defendants.

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

January 8, 1998.

Attorney(s) appearing for the Case

Kenneth T. Kerner, Kerner & Kerner, New York City, for Plaintiffs.

Theodore Rosenzweig, Corolan E. Magnoli, McAloon & Friedman, P.C., New York City, for Defendants.

MEMORANDUM AND ORDER

GLEESON, District Judge.

Plaintiffs, ten year-old Naquan Fisher and his mother, Felice Fisher, seek damages for injuries sustained by Naquan in December 1993. The amended complaint alleges causes of action under the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd, and a medical malpractice claim under New York law. The defendants are the New York...

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