Reversed, on the law, and the motion to dismiss granted, with costs and disbursements.
A classic "law office failure" situation is presented on this appeal. This hospital malpractice action was commenced in November, 1977 by service of a summons sans complaint, demand for which was made several weeks thereafter. Five months after demand, a motion by plaintiff to extend time was made and granted the excuse given by plaintiff was that defendant hospital's records were...
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