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SMOLIAN v. PORT AUTH. OF N.Y. & N.J.

2011-02913.

98 A.D.3d 1103 (2012)

951 N.Y.S.2d 552

2012 NY Slip Op 6290

NICHOLAS SMOLIAN, Appellant-Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY et al., Defendants, and JAMAICA HOSPITAL AND MEDICAL CENTER, Respondent-Appellant.

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

September 26, 2012.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly granted that branch of the cross motion of the defendant Jamaica Hospital and Medical Center (hereinafter the Hospital) which was to dismiss the sixth cause of action pursuant to CPLR 3211 (a) (7). The sixth cause of action sought to recover damages pursuant to 42 USC § 1983 for violation of federal constitutional rights under...

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