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LINDGREN v. ST. VINCENT'S MEDICAL CENTER OF RICHMOND

272 A.D.2d 451 (2000)

708 N.Y.S.2d 334

KIM LINDGREN, Appellant, v. ST. VINCENT'S MEDICAL CENTER OF RICHMOND, Defendant, and STEPHEN HURST et al., Respondents.

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

Decided May 15, 2000.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action by filing a summons and complaint on December 16, 1996. The plaintiff did not file proof of service until May 13, 1997, 148 days later. Thus, the action was automatically dismissed on April 16, 1997 (see, CPLR former 306-b [a]; Connor v Deas, 255 A.D.2d 287). Contrary to the plaintiff's contention, there is no basis for the retroactive...

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