Bradley v. St. Clare's Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Williams, J.), entered April 10, 1995 in Schenectady County, which granted defendants’ cross motions for summary judgment dismissing the complaint.
Plaintiff purportedly commenced a medical malpractice action against defendants on April 19,1993 that was subsequently deemed dismissed when the proofs of service were not filed within the applicable 120-day period (CPLR 306-b [a]). Thereafter, pursuant to CPLR 306-b (b), plaintiff commenced this action on December 1, 1993, approximately six months after the Statute of Limitations had expired. When a…
2Cases cited5 opinions
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