BRADLEY v. ST. CLARE'S HOSP.


232 A.D.2d 814 (1996)

648 N.Y.S.2d 803

David M. Bradley, Appellant, v. St. Clare's Hospital et al., Respondents

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

October 24, 1996


White, J.

Plaintiff purportedly commenced a medical malpractice action against defendants on April 19, 1993 that was subsequently deemed dismissed when the proofs of service were not filed within the applicable 120-day period (CPLR 306-b [a]). Thereafter, pursuant to CPLR 306-b (b), plaintiff commenced this action on December 1, 1993, approximately six months after the Statute of Limitations had expired. When a search of the file maintained by the Schenectady...

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