TRENDELL v. COMMUNITY GENERAL HOSPITAL


278 A.D.2d 810 (2000)

718 N.Y.S.2d 680

HERBERT TRENDELL, Individually and as Representative of the Estate of MARY TRENDELL, Deceased, Respondent, v. COMMUNITY GENERAL HOSPITAL et al., Appellants.

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

Decided December 27, 2000.


Order unanimously reversed on the law with costs, cross motion denied, motions granted and action dismissed.

Memorandum:

In this action to recover damages for defendants' alleged medical malpractice, Supreme Court erred in denying defendants' motions to dismiss the action pursuant to CPLR 3012 (b) based on untimely service of the complaint and in granting the cross motion of plaintiff to excuse his default and extend the time to serve the complaint. Plaintiff...

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