DI SIMONE v. GOOD SAMARITAN HOSPITAL


288 A.D.2d 252 (2001)

732 N.Y.S.2d 592

JEAN M. DI SIMONE, Respondent, v. GOOD SAMARITAN HOSPITAL et al., Appellants, et al., Defendants.

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

Decided November 13, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motions are granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

Having been served with 90-day notices pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply with the notices by filing a note of issue or by moving, before the default date, to either vacate the notices...

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