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BERGLING v. SCHWARTZ

2011-11963.

97 A.D.3d 772 (2012)

948 N.Y.S.2d 563

2012 NY Slip Op 5710

ABIGAIL BERGLING, an Infant, by Her Mother and Natural Guardian, DONNA BERGLING, et al., Respondents, v. JOEL M. SCHWARTZ, M.D., Appellant, et al., Defendants.

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

July 25, 2012.

Ordered that the order dated November 15, 2011, is affirmed insofar as appealed from, without costs or disbursements.

Upon reargument, the Supreme Court providently exercised its discretion in granting that branch of the plaintiffs' cross motion which was pursuant to CPLR 306-b to extend their time to serve a summons and complaint upon the defendant Joel M. Schwartz (see Leader v Maroney, Ponzini & Spencer, 97 N.Y.2d 95

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