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YARDENI v. MANHATTAN EYE, EAR AND THROAT HOSPITAL

9 A.D.3d 296 (2004)

780 N.Y.S.2d 140

DANIEL YARDENI, Appellant, v. MANHATTAN EYE, EAR AND THROAT HOSPITAL et al., Respondents.

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

July 8, 2004.

The alleged medical malpractice occurred on May 13, 1999. Plaintiff, acting pro se, filed a summons with notice on October 20, 2001, but never attempted to serve either defendant hospital or defendant doctor. The 2½-year statute of limitations expired on November 13, 2001, and the 120-day period for serving defendants (CPLR 306-b) expired on Monday February 18, 2002. In or about January 2002, plaintiff consulted with an attorney who, concerned with the specificity of...

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