MITCHELL v. ERIE COUNTY MED. CTR. CORP.


70 A.D.3d 1408 (2010)

893 N.Y.S.2d 921

PAMELA MITCHELL, as Executrix of SARAH FINCHER, Deceased, Appellant, v. ERIE COUNTY MEDICAL CENTER CORPORTION, Respondent.

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

Decided February 11, 2010.


It is hereby ordered that the order so appealed from is unanimously reversed in the exercise of discretion without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff appeals from an order in which Supreme Court granted the motion of defendant seeking to dismiss the complaint pursuant to CPLR 3012 (b) based on plaintiff's failure to serve the complaint in a timely manner in response to its notice of appearance and demand for complaint...

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