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DWORETZKY v. BALL

50 A.D.2d 615 (1975)

John Dworetzky, Appellant, v. Stanley M. Ball, Respondent

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

November 6, 1975

On March 9, 1972 a summons was served upon the defendant in plaintiff's action based upon alleged medical malpractice which resulted in the death of plaintiff's father. On July 23, 1973, no complaint having been served, defendant moved for dismissal pursuant to CPLR 3012 (subd [b]). Plaintiff cross-moved to compel acceptance by defendant of a proposed complaint. Upon hearing both applications, an order was issued by Special Term...

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