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SMALL v. ST. BARNABAS HOSPITAL

284 A.D.2d 196 (2001)

726 N.Y.S.2d 260

MARIETTA SMALL, as Public Administratrix and as Administratrix of the Estate of ISIDRO PACHIECO, Deceased, Respondent, v. ST. BARNABAS HOSPITAL, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 14, 2001.

Although the complaint, standing alone, states no more than that St. Barnabas's employees were negligent and careless, the submissions in opposition to the motion to dismiss sufficiently set forth factual allegations to support causes of action for negligence and violation of 42 USC § 1983 (see, Elie v St. Barnabas Hosp, 283 A.D.2d 364

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