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BALLAV v. DEEPDALE GEN. HOSP.

196 A.D.2d 520 (1993)

601 N.Y.S.2d 172

Ajit Ballav, Respondent, v. Deepdale General Hospital et al., Defendants, and Samuel Movsas et al., Appellants

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

August 9, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

The original action was timely commenced for the purposes of CPLR 205 (a), despite the fact that when the summons was filed pursuant to CPLR 203 (b) (5), the plaintiff had not yet been appointed the administrator of the decedent's estate (see, Carrick v Central Gen. Hosp., 51 N.Y.2d 242; Moskowitz v Rosenberg, 71 A.D.2d...

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