Ordered that the judgment is affirmed, with costs.
The plaintiff commenced the instant action by the filing of a summons and complaint on October 19, 1994. Although the other defendants were timely served, and proof of service was timely filed, the defendant Dr. Steven Rothbaum was not served until August 1995.
Since the plaintiff admittedly failed to serve Rothbaum and to file proof of service within 120 days after the filing of the initial summons and complaint...
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