SUSSMAN v. FRANKLIN GEN. HOSP.


77 A.D.2d 567 (1980)

Geraldine Sussman, as Executrix of Milton Sussman, Deceased, Appellant, v. Franklin General Hospital et al., Respondents

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

July 7, 1980


Order affirmed, with one bill of $50 costs and disbursements payable jointly to defendants appearing separately and filing separate briefs.

Defendants moved to dismiss the complaint pursuant to CPLR 3216, and in opposition thereto plaintiff submitted neither an adequate affidavit of merits nor a justifiable excuse for her failure to file a note of issue within the 90 days provided by statute (see CPLR 3216, subd [b], par [3]). In an order which was not appealed, Special...

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