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KIRCHER v. RIPTON

119 Misc.2d 364 (1983)

Joseph L. Kircher, Individually and as Executor of Mary L. Kircher, Deceased, Plaintiff, v. Tully Ripton, Defendant and Third-Party Plaintiff. Eastman Kodak Corporation et al., Third-Party Defendants. Joseph L. Kircher, Individually and as Executor of Mary L. Kircher, Deceased, Plaintiff, v. Tully Ripton et al., Defendants.

Supreme Court, Monroe County.

May 25, 1983

Attorney(s) appearing for the Case

Lines, Wilkens, Osborn & Beck (Thomas C. Burke of counsel), for Richard Ellis and others, third-party defendants. Fix, Spindelman, Turk, Himelein & Schwartz (James A. Himelein of counsel), for plaintiff. Damon, Morey, Sawyer & Moot for defendant and third-party plaintiff.

RICHARD D. ROSENBLOOM, J.

This is a motion by third-party defendant Richard Ellis, M.D., to vacate service of plaintiff's amended summons and complaint or for summary judgment. Plaintiff cross-moves for judgment by default or for an order directing Dr. Ellis to answer without interposing a defense based on the Statute of Limitations.

Plaintiff commenced an action alleging medical malpractice and wrongful...

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