Small v. St. Barnabas Hospital

Appellate Division of the Supreme Court of New York

Small v. St. Barnabas Hospital

284 A.D.2d 196, 726 N.Y.S.2d 260, 2001 N.Y. App. Div. LEXIS 6173

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 2001

StatusPublished

This text of 284 A.D.2d 196 (Small v. St. Barnabas Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Small v. St. Barnabas Hospital, 284 A.D.2d 196, 726 N.Y.S.2d 260, 2001 N.Y. App. Div. LEXIS 6173 (N.Y. Ct. App. 2001).

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Opinion

—Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered January 18, 2001, which, inter alia, denied defendant St. Barnabas Hospital’s motion to dismiss the causes of action for negligence and for violation of plaintiffs civil rights pursuant to 42 USC § 1983, unanimously affirmed, without costs.

Although the complaint, standing alone, states no more than that St. Barnabas’s employees were negligent and careless, the submissions in opposition to the motion to dismiss sufficiently set forth factual allegations to support causes of action for negligence and violation of 42 USC § 1983 (see, Elie v St. Barnabas Hosp, 283 AD2d 364). Concur — Williams, J. P., Mazzarelli, Andrias, Lerner and Saxe, JJ.

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—Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered January 18, 2001, which, inter alia, denied defendant St. Barnabas Hospital’s motion to dismiss the causes of action for negligence and for violation of plaintiffs civil rights pursuant to 42 USC § 1983, unanimously affirmed, without costs.

Although the complaint, standing alone, states no more than that St. Barnabas’s employees were negligent and careless, the submissions in opposition to the motion to dismiss sufficiently set forth factual allegations to support causes of action for negligence and violation of 42 USC § 1983 (see, Elie v St. Barnabas Hosp, 283 AD2d 364). Concur — Williams, J. P., Mazzarelli, Andrias, Lerner and Saxe, JJ.

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Bluebook (online)

284 A.D.2d 196, 726 N.Y.S.2d 260, 2001 N.Y. App. Div. LEXIS 6173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/small-v-st-barnabas-hospital-nyappdiv-2001.

Opinion

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