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GAROFALO v. MERCY HOSPITAL

271 A.D.2d 642 (2000)

706 N.Y.S.2d 477

ANGELO GAROFALO et al., Appellants, v. MERCY HOSPITAL et al., Respondents.

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

Decided April 24, 2000.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action against the defendant Mercy Hospital (hereinafter Mercy) and an unknown assailant in November 1996, and issue was joined by Mercy in December 1996. On July 7, 1998, Mercy served upon the plaintiffs a demand that, pursuant to CPLR 3216, they serve and file a note of issue within 90 days. On September 30, 1998, the plaintiffs filed a note of issue and certificate of readiness. Upon...

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