Raciti v. Sands Point Nursing Home
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for deprivation of rights pursuant to Public Health Law § 2801-d, thé plaintiff appeals from an order of the Supreme Court, Queens County (Nelson, J.), dated April 24, 2007, which denied her motion, treated by the Supreme Court as one for leave to reargue but which was, in effect, to vacate a prior order of the same court dated September 11, 2006, granting the defendants’ separate motions pursuant to CPLR 3012 (b) to dismiss the action for failure to serve timely complaints upon her default in opposing the motions.
Ordered that the order is…
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