RABETOY v. ATKINSON


49 A.D.2d 691 (1975)

Lorraine E. Rabetoy, Individually and as Administratrix of The Estate of William H. Rabetoy, Deceased, Respondent, v. John G. Atkinson et al., Appellants

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

July 18, 1975


Order unanimously reversed, without costs, motions granted and action dismissed.

Memorandum:

In a medical malpractice action plaintiff served a summons on defendants, a hospital and two doctors, in June, 1972. Defendants replied by serving notices of appearance and demands for the complaint. However, no complaint was served during the next seven months. Defendant hospital then sent a letter to plaintiff's attorney requesting the complaint. Six months later...

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