HAYGOOD v. ROCHESTER GEN. HOSP.


249 A.D.2d 943 (1998)

672 N.Y.S.2d 182

Bruce T. Haygood, Respondent, v. Rochester General Hospital et al., Defendants, and William W. Cotanch, Appellant

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

April 29, 1998


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of Dr. William W. Cotanch (defendant) to dismiss the complaint pursuant to CPLR 3012 (b). It is undisputed that plaintiff did not serve the complaint within 20 days of defendant's demand. Plaintiff established, however, that a copy of the complaint was mailed to defendant's attorney on March 25, 1997 pursuant to CPLR 2103 (b) (2) and that defendant did not move to...

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