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KUTTEMPEROOR v. MOUNT SINAI MEDICAL CENTER

269 A.D.2d 317 (2000)

704 N.Y.S.2d 462

AMINI KUTTEMPEROOR, Appellant, v. MOUNT SINAI MEDICAL CENTER et al., Respondents.

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

Decided February 24, 2000.

The complaint, which alleges medical malpractice, was properly dismissed, upon the court's own initiative taken upon plaintiff's motion for an extension of time to file made in response to defendants' 90-day notice (see, CPLR 3216 [a]). The court's action was merited because of the failure to submit a physician's affidavit of merit (see, Mosberg v Elahi, 80 N.Y.2d 941) and to provide a justifiable excuse for the six-year delay...

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