ROTHSTEIN v. GRAYSON


78 A.D.2d 677 (1980)

Ida Rothstein et al., Respondents, v. Bernard N. Grayson, Appellant

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

October 20, 1980


Order reversed, on the law, with $50 costs and disbursements, and motion granted.

The delay of more than one year in serving a complaint after demand was made was not adequately explained by counsel's affirmation, which noted his clients' residence in the State of New Jersey and their inability to recall the exact dates of treatment. Moreover, the merit of the claim was not established by mere submission of an unsworn dentist's report describing plaintiff Ida Rothstein...

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