SCHIRALDI v. BROOKLYN CUMBERLAND HOSP.


70 A.D.2d 911 (1979)

Jean Schiraldi et al., Appellants, v. Brooklyn Cumberland Hospital et al., Defendants, and New York City Health and Hospitals Corporation, Respondent

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

June 11, 1979


Appeal from an order dated June 16, 1978 dismissed as academic. The order was superseded by the order entered January 2, 1979 on reargument. Order entered January 2, 1979 affirmed insofar as appealed from. The respondent is awarded one bill of $50 costs and disbursements.

The reasons proffered for the two-year delay in the service of the complaint did not constitute excusable delay under the circumstances. Additionally, the affidavit of merit tendered by plaintiffs...

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