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SURLETI v. STIGLIANO

134 Misc.2d 456 (1986)

Josephine Surleti, as Administratrix of The Estate of Pasquale Surleti, Deceased, Plaintiff, v. Anthony G. Stigliano et al., Defendants.

Supreme Court, Nassau County.

December 31, 1986

Attorney(s) appearing for the Case

Furey & Furey for Winthrop University Hospital, defendant. Mooney, Perry & Hirschhorn, P. C., for Paul Twist and others, defendants. Michael T. Wolin, P. C., for plaintiff.

STANLEY HARWOOD, J.

Motion by defendant Winthrop University Hospital (Hospital) and the cross motion by defendants Twist, Greensher and Coryllos for orders "rejecting" plaintiff's notice of medical malpractice action pursuant to CPLR 3406 are denied.

It is true that CPLR 3406 requires that a plaintiff in a dental or medical malpractice action file the requisite notice "[n]ot more than sixty days after...

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