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GUENTHER v. WILSON MEM'L HOSP.

93 A.D.2d 957 (1983)

Peter Guenther et al., Individually and as Parents of Craig Guenther, Appellants, v. Wilson Memorial Hospital et al., Respondents

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

April 28, 1983

In this medical malpractice action, plaintiffs seek to recover money damages from defendant Wilson Memorial Hospital and four physicians. The action was commenced against the physicians in November, 1974 and in March, 1980 a notice to serve and file a note of issue pursuant to CPLR 3216 was served by the physicians. A note of issue was not filed until February 23, 1982. In March, 1982, defendant physicians moved to dismiss for want of prosecution. This motion was granted...

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