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BARNABY v. QUINTOS

No. 05 Civ. 6235(JGK).

410 F.Supp.2d 142 (2005)

Sandra BARNABY as Administratrix for the Estate of Carol-Ann Henry and Devon Smith, Plaintiffs, v. Lorceli Alvarez QUINTOS, M.D., et al., Defendants. Universal Diagnostic Laboratories, Inc., Arnold L. Statinger, M.D., and Marlene Jean-Baptiste, Third-Party Plaintiffs, v. Lorceli Alvarez Quintos, M.D., and Mt. Vernon Neighborhood Health Center, Inc., Third-Party Defendants.

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

December 5, 2005.

Attorney(s) appearing for the Case

Edward William Armstrong, Edward W. Armstrong, P.C, New York City, for Plaintiffs.

OPINION AND ORDER

KOELTL, District Judge.

The third-party defendants, Lorceli Alvarez Quintos, M.D. ("Quintos"), and Mount Vernon Neighborhood Health Center ("MVHC") (collectively the "Clinic defendants"), move to dismiss the third-party complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure.

I.

This action was originally brought by the plaintiff in New York State Supreme...

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