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POPE v. MEMORIAL HOSPITAL OF GREENE COUNTY

No. 74 Civ. 3279-LFM.

387 F.Supp. 331 (1974)

Dorothy POPE, Plaintiff, v. MEMORIAL HOSPITAL OF GREENE COUNTY and John P. Myers, Defendants.

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

October 16, 1974.

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith, Saugerties, N.Y., for defendant Memorial Hospital of Greene County; Michael E. Catalinotto, Saugerties, N.Y., of counsel.

Sylvia Miller, New York City, for plaintiff; Chester A. Hahn, New York City, of counsel.

MacMAHON, District Judge.

Defendant, Memorial Hospital of Greene County, moves under Rule 12(b), Fed.R.Civ.P., to dismiss the complaint on the ground that no notice of claim was served upon it. Since we have considered matter outside the complaint, we will treat this motion as one for summary judgment, as provided by Rule 56, Fed.R.Civ.P.

Although the matter is not free from confusion,1 it appears from the affidavits and exhibits...

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