Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and that branch of the motion of the defendant Michael Josovitz which was pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him is granted.
The plaintiff commenced this action on December 8, 2005 seeking to recover damages for medical malpractice and wrongful death. Although the appellant doctor Michael Josovitz was allegedly served with process...
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