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SCARBOROUGH v. ZIMMON

85 A.D.2d 892 (1981)

Lucille M. Scarborough et al., Respondents, v. David S. Zimmon et al., Defendants, and St. Vincent's Hospital and Medical Center of New York, Appellant

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

December 11, 1981

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

Memorandum:

Defendant, St. Vincent's Hospital and Medical Center, appeals from an order which denied its motion to dismiss plaintiffs' action against it for failure to serve a complaint on time (see CPLR 3012) and which granted plaintiffs' cross motions compelling it to accept the complaint served more than three months after defendant's demand. The order is reversed, plaintiffs' motion...

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