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McGUIRE v. SOUTHSIDE HOSPITAL

301 A.D.2d 505 (2003)

753 N.Y.S.2d 380

ROCHELLE McGUIRE, Respondent, v. SOUTHSIDE HOSPITAL et al., Appellants.

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

Decided January 13, 2003.

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, the Supreme Court correctly dismissed the action without prejudice to the plaintiff recommencing the action pursuant to CPLR 205 (a). Where the defendants have been given timely notice of the claim being asserted by or on behalf of the injured party, an error relating to the identity of the named plaintiff in the original action will not bar recommencement of the action pursuant...

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