TARALLO v. GOTTESMAN


204 A.D.2d 303 (1994)

611 N.Y.S.2d 267

Marie T. Tarallo, Respondent, v. Albert Gottesman et al., Defendants, and Radiological Associates of Bay Ridge, P. C., et al., Appellants

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

May 2, 1994


Ordered that the order is affirmed, with costs.

We find that the appellants knew or should have known that the instant action had been commenced against the defendant Dr. Albert Gottesman several months before they were served, without leave of court, but before the expiration of the Statute of Limitations. Nevertheless, the appellants answered the "amended" complaint served on them, and engaged in discovery for approximately six months until, after the Statute of...

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