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McKAY v. SMITHTOWN GEN. HOSP.

42 A.D.2d 594 (1973)

Daniel McKay, Respondent, v. Smithtown General Hospital et al., Defendants, and Maxwell Fox, Appellant

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

June 18, 1973

Order reversed as to defendant Fox, without costs; said defendant's motion granted; and plaintiff's cross motion denied as to said defendant.

In our opinion, plaintiff failed to establish a reasonable excuse for his delay and did not provide the court at Special Term with an affidavit of merits (Keating v. Smith, 20 A.D.2d 141; Sortino v. Fisher, 20 A.D.2d 25). Further, where a defendant...

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