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SAMUELS v. HEALTH & HOSP. CORP. OF CITY OF NEW YORK

No. 74 Civ. 3329 (CMM).

432 F.Supp. 1283 (1977)

John SAMUELS, Dionne Samuels, a minor by her father John Samuels, and John Samuels, as Administrator of the Estate of Enid Samuels, Deceased, Plaintiffs, v. The HEALTH AND HOSPITAL CORPORATION OF the CITY OF NEW YORK, the Eastern Blood Bank, Inc., et al., Defendants.

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

June 7, 1977.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, for plaintiffs; Nora Lavori, New York City, of counsel.

W. Bernard Richland, Corp. Counsel of the City of New York, New York City, for defendant Health & Hospital Corp. of the City of New York; Benjamin Harmatz, Asst. Corp. Counsel, New York City, of counsel.

METZNER, District Judge:

This is an action brought by plaintiffs to recover for the wrongful death of Enid Samuels as a result of the administration to her of blood allegedly infected with serum hepatitis virus. Plaintiffs seek to hold the Health and Hospitals Corporation of the City of New York (Hospital) and the Eastern Blood Bank, Inc. (Eastern) liable for negligence, breach of warranty and strict liability in tort. Defendant Hospital moves for summary judgment...

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