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QUINN v. BOOTH MEM'L HOSP.

239 A.D.2d 266 (1997)

657 N.Y.S.2d 680

Mary Quinn et al., Respondents, v. Booth Memorial Hospital et al., Defendant, Emmanuel G. Pappous et al., Appellants, and Frederick I. Weinbaum, Respondent

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

May 20, 1997

Appellants' filing of a removal petition to Federal court effected a general appearance precluding their objections to defective service under CPLR 308 (1) or (2) after the case was remanded to State court (Farmer v National Life Assn., 138 N.Y. 265; Weinberg v Colonial Williamsburg, 215 F.Supp. 633, 637 [ED NY]). To the extent that Simkins v Gruenspan (118 Misc.2d 107) suggests...

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