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MARKS v. KINGSBROOK RADIOLOGY, P. C.

267 A.D.2d 151 (1999)

699 N.Y.S.2d 866

DIANE E. MARKS, as Administratrix of the Estate of MINNIE S. MARKS, Deceased, Appellant, v. KINGSBROOK RADIOLOGY, P. C., et al., Respondents, et al., Defendant.

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

Decided December 21, 1999.

The complaint, which alleges that defendants failed to diagnose the decedent's cancer in timely fashion, was properly dismissed for failure to submit an affidavit of merit by a medical expert in response to the motions to dismiss (see, Mosberg v Elahi, 80 N.Y.2d 941). We note that plaintiff also failed to provide a reasonable excuse for her unreasonable delay in prosecuting the action between July 1991, when she served her bills...

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