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A.Q.C. EX REL. CASTILLO v. U.S.

No. 09 Civ. 9113(NRB).

715 F.Supp.2d 452 (2010)

A.Q.C., an infant by her mother and natural guardian, Paquita CASTILLO, Plaintiff, v. UNITED STATES and Bronx-Lebanon Hospital Center, Defendants.

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

May 14, 2010.

Attorney(s) appearing for the Case

James P. Fitzgerald, John M. Daly, Fitzgerald & Fitzgerald, P.C., Yonkers, NY, for Plaintiff.

Amy A. Barcelo, United States Attorney Office, New York, NY, for United States of America.

Laura M. Papa, Cheryl M. Wendt, Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY, for Bronx-Lebanon Hospital Center.

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

Before the Court is defendant United States' Motion to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) ("Rule 12(b)(1)"). For the following reasons, the motion is granted.

BACKGROUND1

The infant plaintiff was born to her mother, Paquita Castillo, on February 1, 2005, at...

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