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SOTO v. FREDA

196 Misc.2d 623 (2003)

766 N.Y.S.2d 299

MELISSA SOTO, an Infant, by Her Mother and Natural Guardian, HILDA SOTO, Plaintiff, v. VINCENT FREDA, M.D., et al., Defendants.

Supreme Court, New York County.

July 9, 2003.

Attorney(s) appearing for the Case

Fixler & Associates, LLP, Elmsford (Christopher F. Smith, John Shin and Elio M. Di Berardino of counsel), for Vincent Freda, defendant.

Martin, Clearwater & Bell, LLP, New York City (Michael H. Zhu and Laurie A. Annunziato of counsel), for New York & Presbyterian Hospital, defendant.

Jack Dubinsky, New York City, and Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac of counsel), for plaintiff.

OPINION OF THE COURT

STANLEY L. SKLAR, J.

The novel issue raised on these applications is whether a plaintiff has commenced an action when plaintiff's counsel, on the last day within the statute of limitations, sends an elderly employee to court to file a summons and complaint, together with the necessary filing fee, but the filing is rejected by the county clerk because the employee's poor vision prevented...

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