HILLIARD, TERRY D. v. HIGHLAND HOSPITAL
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Plaintiff commenced this medical malpractice action in 2002 alleging that he suffered injuries as a result of defendant Highland Hospital’s malpractice over a 15-year period, extending from 1985 through 2000. Defendant thereafter served a 90-day demand on plaintiff, dated July 18, 2008, to serve and file a note of issue and statement of readiness. By way of background, we note that in October 2008 defendant moved to dismiss the complaint based upon plaintiffs failure to comply with the 90-day demand. Supreme Court denied the motion and issued a scheduling order that, inter alia,…
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