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BORGIA v. INTERBORO GEN. HOSP.

90 A.D.2d 531 (1982)

Corrado Borgia, as Administrator, et al., Respondents, v. Interboro General Hospital, Defendant, and Umberto De Girolamo et al., Appellants

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

October 25, 1982

Order reversed, on the law, with $50 costs and disbursements, plaintiffs' motion is denied, and appellants' cross motion is granted.

Under the circumstances we do not accept the poor health of plaintiffs' attorney as a satisfactory excuse for plaintiffs' failure to serve a timely complaint. The record reveals that plaintiffs did not serve their complaint until approximately 15 to 18 months after their attorney had returned to work following a serious

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