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STATE v. SCHOLL

144 Misc.2d 198 (1989)

Lorraine Stare et al., Plaintiffs, v. Steven A. Scholl et al., Defendants.

Supreme Court, Nassau County.

June 30, 1989

Attorney(s) appearing for the Case

Richard Kranich for plaintiffs. Bower & Gardner for defendants.

BEATRICE S. BURSTEIN, J.

Plaintiffs seek an order, pursuant to CPLR 2004, extending their time to file the notice of podiatric malpractice action required by CPLR 3406 (a). Inter alia, they raise the issue of their burden of proof as against a defendant whose only liability may be vicarious. The court holds that in such a case plaintiffs must demonstrate that there is a valid basis upon which to claim...

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