Samuels v. HEALTH & HOSP. CORP. OF CITY OF NEW YORK

METZNER, District Judge:

This is an action brought by plaintiffs to recover for the wrongful death of Enid Samuels as a result of the administration to her of blood allegedly infected with serum hepatitis virus. Plaintiffs seek to hold the Health and Hospitals Corporation of the City of New York (Hospital) and the Eastern Blood Bank, Inc. (Eastern) liable for negligence, breach of warranty and strict liability in tort. Defendant Hospital moves for summary judgment pursuant to Rule 56 of the Fed.R.Civ.P. to dismiss plaintiffs’ claim and the claim over against it by defendant Eastern.

The motion…