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WHITE v. BROOKDALE HOSP. MED

142 Misc.2d 234 (1989)

Donnell White, Jr., an Infant, by His Father and Natural Guardian, Donnell White, Sr., Plaintiff, v. Brookdale Hospital Medical Center et al., Defendants. Brookdale Hospital Medical Center et al., Third-Party Plaintiffs, v. Kingsbrook Jewish Medical Center, Third-Party Defendant. Brookdale Hospital Medical Center et al., Second Third-Party Plaintiffs, v. Matthew Negari, Second Third-Party Defendant.

Supreme Court, Kings County.

January 13, 1989

Attorney(s) appearing for the Case

McAloon, Friedman & Mandell, P. C. (Steven C. Mandell of counsel), for second third-party defendant. Morris & Duffy (Steven J. Schultzman of counsel), for third-party defendant. Bower & Gardner (Alan H. Lieber of counsel), for Brookdale Hospital Medical Center and another, defendants and second third-party plaintiffs. Hoberman & Sussman, P. C. (Spencer H. Herman of counsel), for plaintiff.

NICHOLAS A. CLEMENTE, J.

Second third-party defendant Negari moves for an order dismissing the action against him because the third-party complaint fails to set forth sufficient facts to state a cause of action and it was not accompanied by a CPLR 3012-a certificate of merit from the second third-party plaintiffs. He also contends that dismissal is warranted because of the tardiness of second third-party plaintiffs...

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