POSADA v. PELAEZ, M.D.


37 A.D.3d 168 (2007)

830 N.Y.S.2d 55

MARGARITA POSADA, Appellant, v. OSCAR PELAEZ, M.D., et al., Respondents, et al., Defendants.

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

Decided February 1, 2007.


Plaintiff failed to serve Dr. Naseh within the required 120-day period after filing (CPLR 306-b), and did not move for an extension of time to serve until faced with a motion to dismiss, approximately seven months after the 120-day period had expired, and more than three years after the cause of action had accrued. Moreover, plaintiff failed to demonstrate that her action had merit. In view of such lack of diligence and the long delay in notifying Naseh of this action, which...

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