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ROSENSTRAUSS v. JACOBS

56 A.D.3d 453 (2008)

866 N.Y.S.2d 757

MAURICE ROSENSTRAUSS, as Executor of PATRICIA J. PURGESS, Deceased, Respondent, v. JACOBS & JACOBS et al., Appellants.

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

Decided November 5, 2008.

Ordered that the order is affirmed, with one bill of costs.

Patricia J. Purgess retained the defendants to represent her in an underlying medical malpractice action, which she commenced on November 4, 1993. In an order dated March 20, 1996, the Supreme Court, Orange County, dismissed that action pursuant to CPLR 3404. The defendants neither moved to vacate that order nor perfected an appeal therefrom. Nearly 11 years thereafter, Purgess moved to vacate the aforementioned...

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