BECKHAM v. LEFFERTS GEN. HOSP.


36 A.D.2d 726 (1971)

John Beckham, as Administrator of The Estate of Mabel Beckham, Deceased, Respondent, v. Lefferts General Hospital et al., Defendants, and Edward H. Rosenthal, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 8, 1971


Order reversed, with $10 costs and disbursements; appellant's motion granted and complaint dismissed as to appellant, with leave to plaintiff to move at Special Term upon proper papers to vacate the dismissal, if plaintiff be so advised; and plaintiff's cross application denied.

In the absence of proof, made under oath by one with knowledge, that the action has merit and that there was a valid excuse for the failure to serve the complaint, Special Term should have...

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