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DeCICCO v. COBBLE HILL NURSING HOME, INC.

196 A.D.2d 476 (1993)

601 N.Y.S.2d 840

Dominick P. DeCicco, Jr., Individually and as Administrator of The Estate of Dominick P. DeCicco, Sr., Appellant, v. Cobble Hill Nursing Home, Inc., Respondent

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

August 2, 1993

Ordered that the order is affirmed, with costs.

The record indicates that the plaintiff stipulated to an unconditional extension of time for the defendant to serve its answer up to and including September 9, 1990. The defendant served an answer on September 17, 1990. Thus, there was only a short delay in serving the answer. Moreover, since it is undisputed that the pertinent Statute of Limitations for the wrongful death cause of action already had expired on August...

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