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MAIMONIDES CTR. v. OSTREICHER

159 Misc.2d 310 (1993)

604 N.Y.S.2d 480

Maimonides Medical Center, Plaintiff, v. David Ostreicher et al., Defendants and Third-Party Plaintiffs. Barbara Sabol, as Commissioner of the New York State Department of Social Services, Third-Party Defendant.

Civil Court of the City of New York, Kings County.

October 28, 1993

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Robert T. Flynn and John Jokl of counsel), for third-party defendant. Margolin & Meltzer, New York City, for plaintiff. Brooklyn Office of Legal Services (Steven M. Bernstein and Vera H. Leifman of counsel), for defendants and third-party plaintiffs.

VICTOR I. BARRON, J.

Third-party defendant, Commissioner of Social Services, in lieu of answering, moves for an order pursuant to CPLR 3211 (a), dismissing the third-party complaint on the grounds that the court lacks subject matter jurisdiction, that the action is barred by the Statute of Limitations, that the defendants/ third-party plaintiffs, David and Brenda Ostreicher, have not exhausted their administrative...

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