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MAIDENBAUM v. ELLIS HOSP.

47 A.D.2d 683 (1975)

Joseph Maidenbaum, Individually and as Executor of Evelyn Maidenbaum, Deceased, Appellant, v. Ellis Hospital et al., Respondents

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

February 20, 1975

On or about July 31, 1973 the defendant moved to dismiss the action upon the grounds that the court did not have personal jurisdiction over the defendant, Mason, and that the action was now barred by the Statute of Limitations or, in the alternative, for a dismissal of the action for failure to serve a complaint pursuant to CPLR 3012 (subd. [b]). The plaintiff answered the motion by stating that due service of a summons had been...

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