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BAUM v. NORTHERN DUTCHESS HOSP.

Civ. No. 1:10-CV-424 (RFT).

764 F.Supp.2d 410 (2011)

Michael BAUM and Teri Baum Markowitz, as Administrators of the Estate of Etta Charlotte Baum, a/k/a Sherry Baum, Plaintiffs, v. NORTHERN DUTCHESS HOSPITAL and Wingate of Ulster, Inc., d/b/a Wingate at Ulster, Defendants.

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

January 24, 2011.

Attorney(s) appearing for the Case

Zwiebel and Fairbanks, L.L.P., Alan S. Zwiebel, Esq., of Counsel, Kingston, NY, for the Plaintiffs.

Carter Conboy Law Firm, William J. Decaire, Esq., of Counsel, Albany, NY, for Wingate of Ulster, Inc.

Phelan, Phelan Law Firm, Timothy S. Brennan, Esq., of Counsel, Albany, NY, for Northern Dutchess Hospital.

MEMORANDUM-DECISION and ORDER

RANDOLPH F. TREECE, United States Magistrate Judge.

Currently before this Court is Defendant Wingate of Ulster, Inc.'s (hereinafter "Wingate") Motion to Dismiss/Summary Judgment, pursuant to FED. R. CIV. P. 12(c) and 56, seeking to dismiss Baum's Fifth Cause of Action, which sounds in 42 U.S.C. § 1983. Dkt. No. 14, Not. of Mot., dated Oct. 1, 2010.2 Baum opposes the Motion, dkt. nos....

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