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DIVJAK v. NEW YORK HOSP.-CORNELL MED. CTR.

219 A.D.2d 695 (1995)

631 N.Y.S.2d 758

Margaret Divjak, as Administratrix of The Estate of Emily Winkler, Deceased, Appellant, v. New York Hospital-Cornell Medical Center, Respondent

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

September 25, 1995

Ordered that the amended order is reversed insofar as appealed from, on the law, with costs, the defendant's cross motion to dismiss the complaint is denied, and the complaint is reinstated.

On July 8, 1993, the defendant served the plaintiff with notice pursuant to CPLR 3216 to serve and file a note of issue within 90 days. By notice of motion dated September 27, 1993, the defendant cross-moved to dismiss the action for...

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