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CARBONARO, JR. v. MAIMONIDES MEDICAL CENTER

289 A.D.2d 437 (2001)

735 N.Y.S.2d 162

FRANK N. CARBONARO, JR., Appellant, v. MAIMONIDES MEDICAL CENTER, Defendant, and ALAN LEFKOWITZ, Respondent.

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

Decided December 24, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff filed the summons and complaint in this medical malpractice action in March 1998, less than one month before the 10-year infancy toll of the Statute of Limitations expired (see, CPLR 208). Although the plaintiff's attorney learned in May 1998 that the defendant Dr. Alan Lefkowitz had retired, he failed to make any diligent efforts...

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