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McMILLAN v. RYAN

135 A.D.2d 1104 (1987)

Charlotte E. McMillan et al., Appellants, v. Charles B. Ryan et al., Respondents

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

December 18, 1987

Order unanimously affirmed without costs.

Memorandum:

Plaintiffs appeal from an order granting defendants' motion to dismiss plaintiffs' medical malpractice action for failure to serve a complaint (CPLR 3012 [b]), denying plaintiffs' cross motion for an extension of time to plead and for an order compelling defendants to accept plaintiffs' complaint.

The court did not err in granting defendants' motion to dismiss because plaintiffs failed to make an...

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