O'BRIEN v. METHODIST HOSP. OF BROOKLYN


73 A.D.2d 687 (1979)

Edward O'Brien, as Administrator of The Estate of Catherine O'Brien, Deceased, Respondent, v. Methodist Hospital of Brooklyn et al., Defendants, and Frank N. Marzullo, Appellant

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

December 31, 1979


Order affirmed, with $50 costs and disbursements.

This action was commenced on August 12, 1971, issue was joined by defendant-appellant on November 24, 1971, and the plaintiff's bill of particulars was executed in February, 1974. The appellant served a 45-day notice on May 9, 1975, and the codefendant Methodist Hospital served a 45-day notice on June 3, 1975. Thereafter, both of these defendants moved to dismiss for failure to prosecute by motion returnable September...

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