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LOMBER v. FARROW

160 A.D.2d 1146 (1990)

Andrew L. Lomber, Respondent, v. Carolyn C. Farrow, as Executrix of Reginald C. Farrow, Deceased, et al., Appellants

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

April 19, 1990

Yesawich, Jr., J.

The facts underlying this medical malpractice action have been detailed earlier (see, Lomber v Farrow, 91 A.D.2d 725). On this appeal, only the procedural posture is relevant.

On August 20, 1984, in a timely response to a 90-day demand (see, CPLR 3216 [b] [3]), plaintiff served a note of issue and mailed a copy to the County Clerk for filing. A calendar practice rule of...

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