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OYAGUE v. SCHWARTZ

511354.

93 A.D.3d 1044 (2012)

940 N.Y.S.2d 686

2012 NY Slip Op 2134

RALPH OYAGUE, Appellant, v. STEVEN O. SCHWARTZ, M.D., P.C., Respondent, et al., Defendant.

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

Decided March 22, 2012.

LAHTINEN, J.

Plaintiff, a prison inmate, brought a motion dated November 2, 2009, requesting that Supreme Court grant him permission to serve defendants by registered mail, return receipt requested, a summons and complaint sounding in medical malpractice. At the same time, plaintiff also served a copy of this motion, with the summons and complaint attached, on defendants by certified mail, return receipt requested. On November 17, 2009, plaintiff commenced this action...

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