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SMALL v. ST. BARNABAS HOSP.

7471. 403943/05.

165 A.D.3d 576 (2018)

87 N.Y.S.3d 12

2018 NY Slip Op 07189

Marietta Small, Appellant, v. St. Barnabas Hospital, Respondent, et al., Defendants.

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

Decided October 25, 2018.

In opposition to defendant's motion, plaintiff failed to show, as required by 42 USC § 1983, that the acts or omissions of St. Barnabas Hospital (St. Barnabas) in the course of its treatment of the decedent, were "sufficiently harmful to evidence deliberate indifference to serious medical needs" (Estelle v Gamble, 429 U.S. 97, 105-106 [1976]; accord Matter of Wooley v New York State Dept. of Correctional Servs.,

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