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SMITH v. MONTEFIORE MEDICAL CENTER

60 A.D.3d 479 (2009)

874 N.Y.S.2d 127

RUTH DELORES SMITH, as Administratrix of the Estate of DORIS H. JACKSON, Deceased, Respondent, v. MONTEFIORE MEDICAL CENTER et al., Defendant.

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

Decided March 12, 2009.

This action for wrongful death, medical malpractice and medical negligence was commenced in 2000. In October 2004, defendants served a 90-day notice (CPLR 3216 [b] [3]) demanding that plaintiff resume prosecution, complete discovery and file a note of issue. Plaintiff acknowledges "technically" having failed to respond to this notice and instead serving discovery demands upon defendants in July 2005, thereafter attempting to commence...

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