Ordered that the order is affirmed insofar as appealed from, with costs.
It is undisputed that a note of issue was filed in this case on June 9, 2003 and that, on August 6, 2003, the defendant Westchester County Medical Center made a timely motion for summary judgment dismissing the complaint insofar as asserted against it. The parties later stipulated that the return date of that motion would be adjourned to October 22, 2003, that the plaintiffs would serve their...
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