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HAYES v. BURKE

88 A.D.2d 746 (1982)

Nancy L. Hayes et al., Appellants, v. Bernard Burke, Respondent, et al., Defendant

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

May 27, 1982

The critical issue to be resolved on these appeals is whether the conduct of plaintiffs' attorneys in this case constitutes "law office failure" within the contemplation of Barasch v Micucci (49 N.Y.2d 594). The action is for medical malpractice. Defendants are plaintiff wife's attending physician and the hospital where she was confined. Acts of malpractice are alleged to have occurred on August 8, 1977. It was not until December...

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