SMITH v. SOUTHSIDE HOSPITAL


15 A.D.3d 387 (2005)

790 N.Y.S.2d 672

EDWARD SMITH, Respondent, v. SOUTHSIDE HOSPITAL et al., Appellants.

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

February 7, 2005.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motions are granted, the cross motion is denied, and the complaint is dismissed.

As the plaintiff failed to make any showing of merit, or offer any reason for his failure to serve the summons and complaint within the 120-day post-filing period (see CPLR 306-b), and as there was more than a minimal delay in making service beyond that deadline, the Supreme Court improvidently...

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