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SACRAMONE v. TUNICK

54 A.D.2d 897 (1976)

Constance Sacramone, an Infant, by Her Father and Natural Guardian, Dario Sacramone, et al., Respondents, v. David Tunick, Appellant

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

November 1, 1976

Order reversed, on the law, with $50 costs and disbursements, and motion granted.

The alleged malpractice occurred on January 20, 1964. This action was commenced on June 30, 1967. The 45-day notice pursuant to CPLR 3216 was served in June, 1972. Plaintiffs served a note of issue on July 28, 1972, but failed to file it. It was only after defendant served a notice of motion to dismiss the complaint, returnable May 30, 1975, that plaintiff, on May 23, 1975, filed the...

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