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OTERO v. FLUSHING HOSPITAL

300 A.D.2d 639 (2002)

751 N.Y.S.2d 883

LUIS A. OTERO, Appellant, v. FLUSHING HOSPITAL et al., Defendants, and SUMAN PATEL, Respondent.

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

Decided December 30, 2002.

Ordered that the judgment is affirmed, with costs.

Approximately 13 years after the alleged medical malpractice occurred, three years after an index number was purchased, and two years after the relevant statute of limitation expired after a toll for the plaintiff's infancy (see CPLR 208), the plaintiff moved, inter alia, pursuant to CPLR 306-b for an extension of time to serve process upon the defendant Suman Patel...

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