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KAUFMAN v. BAUER

8 Misc.3d 60 (2005)

SYLVIA KAUFMAN, Respondent, v. JOEL J. BAUER, M.D., et al., Appellants.

Supreme Court, Appellate Term, First Department.

May 23, 2005.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Richard E. Lerner, Christopher Rittinger and Robin N. Gregory of counsel), for appellants.

Kelner & Kelner, New York City (Gerard K. Ryan, Jr., of counsel), for respondent.

McCOOE and GANGEL-JACOB, JJ., concur; SUAREZ, P.J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order entered October 23, 2003 reversed, with $10 costs, plaintiff's motion to restore the action to the trial calendar is denied and the complaint dismissed.

Plaintiff commenced the within medical malpractice action in Supreme Court in 1996, concerning events alleged to have occurred in 1993. The record indicates, and it is not seriously disputed, that a note of issue was served and filed in or around February 1997...

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