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MITCHELL v. MID-HUDSON MED. ASSOCS.

213 A.D.2d 932 (1995)

624 N.Y.S.2d 70

Robert H. Mitchell, as Executor of Alice N. Zeitfuss, Deceased, Appellant, v. Mid-Hudson Medical Associates, P. C., et al., Respondents

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

March 23, 1995

Cardona, P. J.

In this underlying medical malpractice action, plaintiff seeks to recover damages against defendants for failing to timely diagnose and treat decedent's bladder cancer. Following service upon defendants on or about May 11, 1993, defendant Murray L. Cohen forwarded the summons and verified complaint to his insurance carrier, Medical Liability Mutual Insurance Company (hereinafter the carrier). The summons and complaint was received by the...

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