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ZIMMER v. LAKE SHORE HOSPITAL

272 A.D.2d 957 (2000)

707 N.Y.S.2d 563

PAMELA L. ZIMMER et al., Respondents, v. LAKE SHORE HOSPITAL et al., Appellants.

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

Decided May 10, 2000.

Order unanimously reversed on the law with costs, motions granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendants' motions to dismiss the complaint. Plaintiffs commenced this medical malpractice action by filing a summons and complaint in the County Clerk's office on October 31, 1997. They failed to file proof of service, however, until March 4, 1998. Under CPLR former 306-b (a), failure...

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