PRZESPOLEWSKI v. ELDERWOOD HEALTH CARE


55 A.D.3d 1327 (2008)

865 N.Y.S.2d 462

LORRAINE PRZESPOLEWSKI, as Administrator of the Estate of STELLA GONCIARZ, Deceased, Respondent, v. ELDERWOOD HEALTH CARE AT LINWOOD et al., Appellants, et al., Defendants.

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

October 3, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Defendants ElderWood Health Care at Linwood (incorrectly sued as ElderWood Health Care at Lindwood) and Linwood Health Care Center, Inc. (Linwood defendants) appeal from an order that denied their motion seeking to vacate the order granting plaintiff's ex parte motion pursuant to CPLR 306-b to extend the time in which to serve them and to dismiss the complaint...

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