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GREENE v. DAVIDSON

210 A.D.2d 108 (1994)

620 N.Y.S.2d 48

Sylvia Greene, Appellant, v. Alan Davidson et al., Defendants, and S. Whimpfheimer, M.D., A. Davidson, M.D., and T. Tobias, M.D., P. C., et al., Respondents

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

December 13, 1994

Defendant professional corporation moved to dismiss the amended verified complaint for failure to properly commence the action against it within the applicable three-year Statute of Limitations. The court found that the filing of the summons by plaintiff with the County Clerk for the purpose of obtaining a 60-day extension of the Statute of Limitations pursuant to CPLR 203 (b) (5), although timely, did not extend the Statute of...

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