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GOODWIN v. PRETORIUS

I2010-5419.

40 Misc.3d 467 (2011)

966 N.Y.S.2d 321

2011 NY Slip Op 21488

ROBETTE GOODWIN, as Administratrix of the Estate of CHARLENE E. CLINTON, Deceased, Plaintiff, v. RICHARD W. PRETORIUS, M.D., et al., Defendants.

Supreme Court, Erie County.

Decided December 2, 2011.

Attorney(s) appearing for the Case

Gibson, McAskill & Crosby, LLP ( Kathleen M. Sweet of counsel), for Richard W. Pretorius and others, defendants. Ricotta & Visco ( K. John Bland of counsel), for Rizwana Lilani and others, defendants. Lipsitz Green Scime Cambria LLP ( John A. Collins of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Before the court is defendant doctors Lilani, Bognanno, Sapico, Ayanbadejo and Puppala's motion to dismiss the claims against them for plaintiff's failure to timely serve a notice of claim as required by General Municipal Law § 50-e. Doctors Lilani, Bognanno, Sapico, Ayanbadejo and Puppala all were residents employed at Erie County Medical Center (ECMC) at the time of the alleged malpractice (doctors Lilani, Bognanno...

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