Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed.
Memorandum:
Defendant moved to dismiss the complaint alleging medical malpractice because of plaintiff's untimely service of the complaint in response to his demand. Plaintiff, acting pro se, cross-moved to compel defendant to accept late service of the complaint, asserting in an affidavit that she was not aware of the time constraints on...
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