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REZK v. NEW YORK PRESBYT. HOSPITAL

2018-08053. Index No. 12614/14.

175 A.D.3d 738 (2019)

105 N.Y.S.3d 299

2019 NY Slip Op 06426

Roumaryi Rezk, Appellant, v. New York Presbyterian Hospital/New York Weill Cornell Center, Respondent.

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

Decided August 28, 2019.

Ordered that the order is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 3216 and, in effect, pursuant to CPLR 3126, to dismiss the complaint is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

The plaintiff commenced this medical malpractice action in August 2014, and issue was joined in October 2014. In December 2017, the defendant...

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