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BROWN v. HUNTINGTON MED. GROUP

238 A.D.2d 367 (1997)

657 N.Y.S.2d 333

Carol M. Brown, Individually and as Executor of Kenneth J. Brown, Deceased, Respondent, v. Huntington Medical Group et al., Appellants, et al., Defendants

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

April 14, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that this action was timely commenced since it was brought within six months of the dismissal of an earlier action which had been improperly commenced because the plaintiff had not yet been granted letters testamentary (see, CPLR 205 [a]; Carrick v Central Gen. Hosp., 51 N.Y.2d 242...

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