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MARTIN v. MONTEFIORE MED. CTR.

161 A.D.2d 526 (1990)

Betty A. Martin, as Administratrix of The Estate of Laverne D. Brooks, Deceased, Respondent, v. Montefiore Medical Center, Appellant, et al., Defendant

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

May 29, 1990

In this medical malpractice action, plaintiff, as administratrix of her sister's estate, failed to serve a complaint with an accompanying certificate of merit (CPLR 3012-a) within the 20-day statutory time period following defendant's demand therefor. (CPLR 3012 [b].)

Accordingly, defendants hospitals moved to dismiss the action for failure to serve a timely complaint and accompanying certificate of merit. In response to...

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