On November 1, 1976, defendant's motion to dismiss the medical malpractice complaint, alleging acts that occurred in 1972, on the grounds: (a) that in personam jurisdiction had not been conferred on the court because of plaintiff's failure to comply with the provisions of CPLR 308 (subd 2); and (b) that the applicable three-year Statute of Limitations (CPLR 214) had expired, was granted. No appeal was taken from the order of dismissal. Plaintiff attempted to commence a new...
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