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WELLS v. MOUNT SINAI HOSP. & MED. CTR.

196 A.D.2d 749 (1993)

602 N.Y.S.2d 45

John G. Wells, Appellant, v. Mount Sinai Hospital and Medical Center et al., Respondents

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

September 21, 1993

We agree with the IAS Court that plaintiff's filing of a summons that did not comply with the notice requirements of CPLR 305 (b) was jurisdictionally defective and consequently failed to toll the Statute of Limitations pursuant to CPLR 203 (b) (5) (Kaplan v Manoli, 100 A.D.2d 928, affd 64 N.Y.2d 849; Frerk v Mercy Hosp., 99 A.D.2d 504, affd...

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