MARKSON v. COURTNEY


161 A.D.2d 1085 (1990)

Debbie A. Markson, Appellant, v. Frederick Courtney, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 31, 1990


Weiss, J.

Defendant extracted plaintiff's lower right molar under general anesthesia on February 11, 1987 at his dental office in the Town of Riverhead, Suffolk County. On September 21, 1987 a bare summons in an action venued in Supreme Court, Saratoga County, issued by a Warren County attorney, was served on defendant. The summons did not include the notice requirements prescribed by CPLR 305 (b). Although defendant instructed his clerical employee to...

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