Ordered that the order is affirmed insofar as appealed from, with costs.
The record demonstrates that the defendant was personally served with a summons with notice, indicating that the action was based upon medical malpractice. Therefore, that branch of the defendant's motion seeking dismissal of the complaint on the ground of lack of personal jurisdiction (see, CPLR 3211 [a] [8]) was properly denied (cf., Parker v Mack,
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