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PARADISO v. ST. JOHN'S EPISCOPAL HOSPITAL

2015-02562, Index No. 700124/09.

134 A.D.3d 1002 (2015)

20 N.Y.S.3d 913

2015 NY Slip Op 09413

BART PARADISO, Appellant, v. ST. JOHN'S EPISCOPAL HOSPITAL, Respondent.

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

Decided December 23, 2015.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3404 to dismiss the complaint is denied.

The note of issue was vacated on April 29, 2013, and the plaintiff was not thereafter served with a 90-day demand pursuant to CPLR 3216. In June 2014, the defendant moved pursuant to CPLR 3404 to dismiss the complaint as abandoned. The plaintiff opposed the motion, asserting that...

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