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CONCOURSE REHABILITATION & NURSING CENTER, INC. v. NOVELLO, M.D.

309 A.D.2d 573 (2003)

765 N.Y.S.2d 341

CONCOURSE REHABILITATION & NURSING CENTER, INC., et al., Appellants, v. ANTONIA C. NOVELLO, M.D., as Commissioner of the New York State Department of Health, et al., Respondents.

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

Decided October 9, 2003.

The claims against the Foundation were properly dismissed, since plaintiffs failed to allege with any specificity facts that would support a claim for conspiracy under 42 USC §§ 1983 and 1985 (3) (see Zemsky v City of New York, 821 F.2d 148 [1987], cert denied 484 U.S. 965 [1987]). The circumstance that the Foundation was the State's agent, and in that capacity acted pursuant to lawful regulations promulgated by the...

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