After this medical malpractice action was commenced against defendant Saratoga Hospital, Inc. (hereinafter defendant), defendant served a notice of appearance and demand for a complaint on October 18, 1993. On November 12, 1993, plaintiffs' counsel made a written request for an extension of time to file a complaint. Defendant did not respond to this request but instead, on December 6, 1993, moved to dismiss pursuant to CPLR 3012 (b). In response...
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