ORDER
McLAUGHLIN, District Judge.
By this motion, both defendants seek a dismissal of plaintiff's claim pursuant to Fed.R.Civ.P. 12(b)(6) or, alternatively, summary judgment under Rule 56. Relying solely upon the allegations of the complaint, I find that the complaint must be dismissed as to Downstate Medical Center ("Downstate") for failure to state a claim upon which relief may be granted.
Dismissal under Rule 12(b)(6) should be granted only in...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.