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GOLDENBERG v. WESTCHESTER COUNTY HEALTH CARE CORPORATION

2008-10566

68 A.D.3d 1056 (2009)

2009 NY Slip Op 9616

892 N.Y.S.2d 463

ARTHUR GOLDENBERG, Appellant, v. WESTCHESTER COUNTY HEALTH CARE CORPORATION, Also Known as WESTCHESTER COUNTY MEDICAL CENTER, et al., Respondents.

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

Decided December 22, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff served the summons and complaint upon the defendants in this malpractice action without ever filing them or obtaining an index number and paying the filing fee for the action. Accordingly, the action was never validly commenced (see CPLR 304). Following the expiration of the applicable statute of limitations, the defendants moved to dismiss the complaint as time-barred, and the plaintiff cross-moved...

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