Sarmie v. Mohawk Valley General Hospital

Order unanimously reversed, with costs, and motion denied. Memorandum: Plaintiffs instituted a malpractice action against defendant hospital by service of a summons and complaint upon it in February, 1977, alleging that the acts of malpractice occurred in April, 1975. Plaintiffs also alleged in Paragraph No. 2 of the complaint that defendant is a domestic corporation maintaining a hospital and medical facilities in the Village of Ilion, County of Herkimer, New York. Defendant appeared and admitted the allegations of Paragraph No. 2 of the complaint. In the following two years the parties…