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FONVILLE v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

300 A.D.2d 623 (2002)

754 N.Y.S.2d 295

REBECCA FONVILLE, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent, et al., Defendant.

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

Decided December 30, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon reargument, that branch of the motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as it alleged that the defendant New York City Health and Hospitals Corporation improperly treated the decedent is denied, that claim is reinstated, and the provisions of the order dated June 12, 2001, granting that branch of the motion of the defendant New York City Health...

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