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ROOT v. HOGAN, JR.

3 A.D.3d 809 (2004)

770 N.Y.S.2d 900

IRENE ROOT, Individually and as Administrator of the Estate of WILLIAM K. ROOT, Deceased, Respondent, v. JOHN M. HOGAN, JR., et al., Appellants.

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

January 29, 2004.

Carpinello, J.

Decedent, allegedly the victim of medical malpractice in 1990, retained defendant attorneys to file suit against the hospital and treating physician. The resultant medical malpractice action filed by defendants was dismissed in 1993 because of their failure to timely serve a complaint and purchase an index number. There is record evidence that defendants concealed this dismissal from decedent until he uncovered the true state of affairs after a search...

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