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DEMPSEY v. ST. CLARE'S HOSP. & HEALTH CTR.

251 A.D.2d 179 (1998)

675 N.Y.S.2d 863

Donna Dempsey et al., Respondents, v. St. Clare's Hospital and Health Center, Defendant, and Avram M. Cooperman, Appellant

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

June 23, 1998

The plain language of CPLR former 306-b (b) does not support defendant's claim that fraudulent proof of service in the first action (a finding made by the Special Referee but not adopted as the reason for dismissing the first action) precluded plaintiffs from bringing this second action after the Statute of Limitations had expired. The allegedly fraudulent affidavit of service conferred no benefit on plaintiffs in terms of extending...

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