Klein v. Mount Sinai Hospital
New York Court of Appeals
1Opinion of the Court
*866OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Defendant’s attorney sent plaintiff’s attorney a letter enclosing a proposed stipulation extending the time to file an answer or make a motion to dismiss. Plaintiff’s attorney signed the stipulation and returned it, after modifying it by striking the provision for making a motion to dismiss and by adding a provision admitting the propriety of service and jurisdiction. Thereafter, defendant’s attorney filed an answer which asserted as an affirmative defense that plaintiff had not obtained…
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