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BIFULCO v. SAUER

45 A.D.2d 706 (1974)

Joseph Bifulco, Individually and as Administrator of The Estate of Helen Bifulco, Deceased, Appellant, v. Emil A. Sauer, Respondent

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

June 3, 1974

Order reversed insofar as appealed from, with $20 costs and disbursements, and renewed motion granted.

The amended complaint must be served within 20 days after entry of the order to be made hereon. Appellant's intestate was injured in an automobile accident on March 30, 1967. This action was timely brought on February 17, 1970 (CPLR 214). The decedent died on February 27, 1971 and a physician's statement attached to the proposed amended complaint asserts that the...

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