HOMMELL v. ALBANY MED. CTR. HOSP., INC.


209 A.D.2d 772 (1994)

617 N.Y.S.2d 991

Henrietta Hommell et al., Respondents, v. Albany Medical Center Hospital, Inc., et al., Defendants, and Saratoga Hospital, Inc., Appellant

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

November 3, 1994


Casey, J.

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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