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DURR v. NEW YORK COMMUNITY HOSPITAL

43 A.D.3d 388 (2007)

840 N.Y.S.2d 430

HOWARD DURR, Respondent, v. NEW YORK COMMUNITY HOSPITAL et al., Defendants, and DAVID JOSEPH et al., Appellants.

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

Decided August 7, 2007.

Ordered that the order is reversed, on the law, with costs, the motion of the defendant Brooklyn Central Medical Group, P.C., and that branch of the motion of the defendant David Joseph which was to dismiss the complaint pursuant to CPLR 3215 (c) are granted.

The plaintiff commenced this medical malpractice action on April 13, 2004. The defendant Central Brooklyn Medical Group, P.C. (hereinafter Central Brooklyn), was served with process on April 21, 2004 and defaulted...

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