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DIXON v. NEW YORK CITY HEALTH & HOSPS. CORP.

Index No. 805079/21 Appeal No. 1290 Case No. 2022-05393.

222 A.D.3d 553 (2023)

203 N.Y.S.3d 1

2023 NY Slip Op 06592

Charmaine Dixon, Individually and as Administratrix of the Estate of Tamel Dixon, Deceased, Appellant, v. New York City Health and Hospitals Corporation et al., Respondents.

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

Decided December 21, 2023.

Attorney(s) appearing for the Case

Held & Hines, LLP, Brooklyn ( Philip M. Hines of counsel), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Susan Paulson of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (Erika M. Edwards, J.), entered November 25, 2022, which denied plaintiff's motion seeking an order extending her time to serve defendant Adel Hanandeh, M.D., with the summons and complaint in this action via alternative means of service, unanimously reversed, on the law and in the exercise of discretion, without costs, and the motion granted.

Supreme Court improvidently exercised its discretion in denying plaintiff a second extension...

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