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BRACKETT v. ST. MARY'S HOSP.

233 A.D.2d 357 (1996)

650 N.Y.S.2d 248

Jane Brackett, Individually and as Administrator of The Estate of Dalton R. Brackett, Deceased, Respondent, v. St. Mary's Hospital et al., Appellants

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

November 12, 1996

Ordered, that the order is reversed insofar as appealed from, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, and the plaintiff's motion is denied.

The plaintiff admittedly failed to file proof of service within 120 days after the filing of the initial summons and complaint on January 20, 1994 (see, CPLR 306-b [a]). Because the defendants did not appear within...

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