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BARANELLO v. WESTCHESTER SQUARE MEDICAL CENTER

282 A.D.2d 259 (2001)

722 N.Y.S.2d 863

ALICE BARANELLO, Appellant, v. WESTCHESTER SQUARE MEDICAL CENTER et al., Respondents, et al., Defendants. ALICE BARANELLO, Respondent, v. WESTCHESTER SQUARE MEDICAL CENTER, Appellant, et al., Defendants.

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

Decided April 10, 2001.

Since the notice of entry of the November 22, 1999 order set forth an incorrect date of entry, its service was a nullity; accordingly, plaintiff's appeal was timely. The complaint was properly dismissed as against defendant doctor based upon plaintiff's failure to file a note of issue in response to his second 90-day demand, his showing that the disclosure plaintiff claimed was still outstanding had in fact been provided, and plaintiff's failure to submit an expert medical...

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