CHARLES v. LONG ISLAND COLLEGE HOSPITAL


47 A.D.3d 665 (2008)

850 N.Y.S.2d 173

BERNADELLE CHARLES, Plaintiff, v. LONG ISLAND COLLEGE HOSPITAL et al., Defendants, and ATLANTIC HEMODIALYSIS CENTER, Defendant and Third-Party Plaintiff and Second Third-Party Plaintiff-Appellant. NEW YORK DIALYSIS SERVICES, INC., Third-Party Defendant-Respondent; MEDICAL APPLICATIONS OF NEW YORK, INC., et al., Second Third-Party Defendants-Respondents.

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

Decided January 15, 2008.


Ordered that the order is affirmed, with one bill of costs payable by the defendant third-party plaintiff/second third-party plaintiff to the third-party defendant and the second third-party defendants appearing separately and filing separate briefs.

As conceded by the defendant third-party plaintiff/second third-party plaintiff, AFMSM, Inc., sued herein as Atlantic Hemodialysis Center (hereinafter AFMSM), the plaintiff failed to properly serve it with the summons...

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