Legal Opinion

Grieco v. Memorial Hospital

District Court, S.D. New York

Decided October 30, 1974No. 74 Civ. 3325 (MP)PublishedCited by 2 opinions

1Opinion of the Court

*799MEMORANDUM

POLLACK, District Judge.

Defendants Fugaro and Memorial Hospital of Greene County separately move to dismiss the complaint against them pursuant to Fed.R.Civ.P. 12(b) and 56 for failure to state a claim entitling plaintiff to relief. The ground asserted is that no notice of claim preceded the suit although required by law as a condition for suit against county departments and their employees. (N.Y. County Law § 52, N.Y. General Municipal Law § 50-e).

The precise question was raised against this hospital in Pope v. Memorial Hospital of Greene County, 387 F.Supp. 331 (1974), where Judge…

2Cases cited6 opinions

  1. Dorak v. County of NassauDistrict Court, E.D. New York · 1970
  2. Montez v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1974
  3. Pugh v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1971
  4. Stephens v. Department of HealthNew York Supreme Court · 1970
  5. John Dorak A/K/A Peter Dorak v. The County of Nassau, State of New York, (Two Cases). John Dorak v. William CahnCourt of Appeals for the Second Circuit · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Chancellor v. LawrenceDistrict Court, N.D. Illinois · 1980
  2. Grieco v. Memorial Hospital of Greene CountyCourt of Appeals for the Second Circuit · 1975

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