District Court, S.D. New York February 7, 2007, No. 04 CIV.2174 SCR (Nelligan v. Community General Hospital)

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

James Nelligan (“Plaintiff’), as permanent guardian of the Estate of Philip Proia (“Proia”), brought this medical malpractice action against Community General Hospital of Sullivan County (“Community General”) and Dr. Rajesh Shukla (“Shukla”) (collectively “Defendants”).1 Jurisdiction is based on diversity of citizenship. See 28 U.S.C. § 1332.