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MILLS v. GLANCZ

104 Misc.2d 1033 (1980)

James Mills et al., Plaintiffs, v. George Glancz et al., Defendants.

Supreme Court, Special Term, Kings County.

April 28, 1980.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Elliott J. Mermelstein of counsel), for defendants. Jerome D. Silberstein and Steven B. Tannenbaum for plaintiffs.

AARON D. BERNSTEIN, J.

Defendants, New York City Health and Hospitals Corporation, Dr. George Glancz, and Dr. Yhung Yhu move to sever and dismiss the action on the ground that a timely notice of claim was not served. The plaintiff, in turn, cross-moves to dismiss these defendants' affirmative defenses.

James Mills was injured in a two-car collision on December 4, 1973. He was taken immediately to Kings...

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