NELSON v. EASTMAN DENTAL CTR.


85 A.D.2d 887 (1981)

Francine Nelson, Respondent, v. Eastman Dental Center et al., Appellants. (Appeal No. 1.)

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

December 11, 1981


Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

Defendants appeal from an order denying their motion to dismiss plaintiff's complaint for want of prosecution (CPLR 3216). The complaint alleges dental malpractice which is said to have occurred between February 22, 1977 and March 7, 1977. Plaintiff retained counsel on the latter date and the action was commenced by service of a bare summons on the respective defendants...

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