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PATEL v. DESAI, M.D.

289 A.D.2d 133 (2001)

734 N.Y.S.2d 445

INDRA PATEL, Appellant, v. ANITA DESAI, M.D., et al., Respondents.

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

Decided December 20, 2001.

As defendants-respondents commendably concede, the holding in Lichtenstein v State of New York (93 N.Y.2d 911), relied upon by the motion court in dismissing plaintiff's wrongful death action with prejudice, is inapplicable under the circumstances at bar. The filing requirements at issue in Lichtenstein were those of the Court of Claims Act, which are jurisdictional and must be strictly construed (id.; see also, Lurie v...

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