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MITCHELL v. VICTORIA HOME

No. 04 Civ. 9189(CM)LMS.

434 F.Supp.2d 219 (2006)

Renee MITCHELL, Plaintiff, v. VICTORIA HOME, Nelly Ramirez, Individually and as an Employee of Victoria House Frank Bluszcz, Individually and as a Special Investigator of the Attorney General of the State of New York, Defendants.

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

June 6, 2006.

Attorney(s) appearing for the Case

George William Echevarria, George W. Echevarria, Esq., Ossining, NY, for Plaintiff.

Peter G. Bergmann, Cadwalader, Wickersham & Taft LLP, Martha A. Lees, Office of New York State Attorney General, New York City, for Defendants.

DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

Introduction

Plaintiff Renee Mitchell was a certified nursing assistant in the employ of the Victoria Home, a nursing facility for the elderly located in Ossining, New York. In January 2000, Nelly Ramirez, a housekeeper employed by the Home, reported to the Home's Executive Director, Phyllis Bianco, that she had seen Mitchell strike and scream at an elderly...

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