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GRIECO v. MEMORIAL HOSPITAL OF GREENE COUNTY

No. 74 Civ. 3325 (MP).

385 F.Supp. 798 (1974)

Theodore GRIECO, Jr., Plaintiff, v. MEMORIAL HOSPITAL OF GREENE COUNTY et al., Defendants.

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

October 30, 1974.

Attorney(s) appearing for the Case

Gair, Gair & Conason, New York City, by Herman Schmertz, New York City, for plaintiff.

Maynard, O'Connor & Smith, Albany, N. Y., for defendants (Memorial Hospital of Greene County and Francis Fugaro); by Michael E. Catalinotto, Saugerties, N. Y.

MEMORANDUM

POLLACK, District Judge.

Defendants Fugaro and Memorial Hospital of Greene County separately move to dismiss the complaint against them pursuant to Fed.R.Civ.P. 12(b) and 56 for failure to state a claim entitling plaintiff to relief. The ground asserted is that no notice of claim preceded the suit although required by law as a condition for suit against county departments and their employees. (N.Y...

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