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MOUSTAFA v. JAMAICA HOSPITAL MEDICAL CENTER

304 A.D.2d 539 (2003)

758 N.Y.S.2d 120

MADY MOUSTAFA, Appellant, v. JAMAICA HOSPITAL MEDICAL CENTER, Respondent.

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

Decided April 7, 2003.

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

In its answer to the complaint in this action the defendant raised the affirmative defense of lack of service of process, and then moved pursuant to CPLR 3211 to dismiss the complaint, inter alia, for lack of personal jurisdiction on that and other grounds.

On the same day that the answer was served, and after such service, the plaintiff's counsel faxed to the defense a copy of the

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