The underlying action herein arose out of an incident on or about July 26, 1969 when the decedent, Matthew Lynch, fell from his bed in defendant hospital and fractured his hip after being left unattended by a private duty nurse responsible for his care. He subsequently died in September, 1971, and the present action was commenced by service of summons on December 13, 1972. Although a notice of appearance and demand for the complaint was served by attorneys for defendant on...
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