BAXT v. COHEN


96 A.D.2d 661 (1983)

Bessie Baxt, Respondent, v. Seymour Cohen et al., Appellants

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

July 21, 1983


Issue was joined in this medical malpractice action by November, 1980. An August 28, 1981 decision of Special Term (Cobb, J.), directed that depositions of all parties be conducted beginning October 21, 1981. Those examinations were never held. Approximately one year later, defendants served 90-day notices upon plaintiff pursuant to CPLR 3216. Plaintiff in turn moved to vacate the notices; in the alternative, she asked that the time to file a note of issue and statement of...

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