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MAIDENBAUM v. ELLIS HOSP.

51 A.D.2d 1075 (1976)

Joseph Maidenbaum, Individually and as Executor of Evelyn Maidenbaum, Deceased, Appellant, v. Ellis Hospital, Defendant, and Thomas H. Mason, Respondent

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

March 11, 1976

This proceeding has previously been before this court at which time a dismissal of the plaintiff's action against the defendant Mason was reversed without prejudice to a renewal of defendant Mason's motion to dismiss (Maidenbaum v Ellis Hosp., 47 A.D.2d 683). This malpractice action was initiated against defendant Mason on or about October 15, 1971 by service of a summons pursuant to CPLR 308 (subd 2) upon defendant's secretary at...

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