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MERIDETH v. NORTH SHORE UNIVERSITY HOSPITAL AT GLEN COVE

282 A.D.2d 581 (2001)

722 N.Y.S.2d 906

MARTHA R. MERIDETH, Individually and as Executor of HOWARD B. MERIDETH, Deceased, Plaintiff, v. NORTH SHORE UNIVERSITY HOSPITAL AT GLEN COVE et al., Defendants. (Action No. 1.) MARTHA A. MERIDETH, Individually and as Executor of HOWARD B. MERIDETH, Deceased, Respondent, v. WILLIAM C. COOPER, Appellant. (Action No. 2.)

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

Decided April 16, 2001.

Ordered that the order dated June 20, 2000, is reversed, with costs, the motion for reargument is denied, and the order dated March 20, 2000, is reinstated.

Within one year of the death of the plaintiffs' decedent, the plaintiffs commenced Action No. 1 against the appellant and other defendant health care providers to recover damages for medical malpractice and wrongful death. However, the plaintiffs were unable to serve the appellant and file proof of service within...

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