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McNAMARA v. MED. ASSOCS. OF WALL ST.

86 A.D.2d 815 (1982)

Delores McNamara Individually and as Administratrix of The Estate of Robert McNamara, Deceased, Respondent, v. Medical Associates of Wall Street, Defendant, and Alfred Jannicelli et al., Appellants

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

February 18, 1982

The suit, initiated October 18, 1978, is for medical malpractice and for wrongful death of plaintiff's decedent, which occurred November 16, 1976. Defendants-appellants' motion was for dismissal of the malpractice causes as time barred; further, that plaintiff administratrix' unmitigated failure to serve a demanded bill of particulars required unconditional preclusion in the cause for wrongful death. Special Term's articulated reason for denial of both branches of the motion...

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