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LOTRIONTE v. UNITED STATES

No. 82 Civ. 2455 (MP).

560 F.Supp. 41 (1983)

Josephine LOTRIONTE, as Administratrix of the estate of Vito Lotrionte and Josephine Lotrionte, individually, Plaintiff, v. UNITED STATES of America, Defendant.

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

April 6, 1983.

Attorney(s) appearing for the Case

Toberoff & Broome by Alvin Broome, New York City, for plaintiff.

John S. Martin, Jr., U.S. Atty., S.D.N.Y. by Denny Chin, Jane E. Booth, Asst. U.S. Attys., New York City, for defendant.

OPINION

MILTON POLLACK, District Judge.

Vito Lotrionte died on April 11, 1978, from a heart attack while under treatment at the Veterans Administration hospital in the Bronx, New York. His widow sues individually and as administratrix of his estate and asserts claims of negligence, failure to obtain informed consent and loss of consortium against defendant. Defendant moves to dismiss for lack of subject matter jurisdiction and for failure to state a claim...

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