HENIG v. GOOD SAMARITAN MEDICAL CENTER


301 A.D.2d 571 (2003)

753 N.Y.S.2d 863

MARK HENIG, Respondent, v. GOOD SAMARITAN MEDICAL CENTER et al., Appellants.

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

Decided January 21, 2003.


Ordered that the order is reversed, on the law, with one bill of costs, the defendants' separate motions are granted, the plaintiff's cross motion is denied, and the complaint is dismissed.

The Supreme Court should have granted the motion of the defendants Good Samaritan Medical Center, Suffolk Urology, and Jerome Weiner to dismiss the complaint pursuant to CPLR 306-b for failure to serve a complaint within 120 days of the commencement of the action. The plaintiff...

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