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BRADSTREET v. KRUGER

162 A.D.2d 966 (1990)

Maria M. Bradstreet et al., Appellants, v. Paul Kruger et al., Respondents, et al., Defendant

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

June 22, 1990

Order unanimously reversed on the law with costs and matter remitted to Supreme Court, Lewis County, for further proceedings, in accordance with the following memorandum:

Plaintiffs appeal from an order dismissing their medical malpractice action for failure to file timely a notice of malpractice action pursuant to CPLR 3406 (a) and failure to serve timely a certificate of merit pursuant to CPLR 3012-a. Supreme Court erred in dismissing the action for the failure...

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