WILBYFONT v. NEW YORK PRESBYTERIAN HOSPITAL

2014-06908

131 A.D.3d 605 (2015)

15 N.Y.S.3d 193

2015 NY Slip Op 06585

SHARON WILBYFONT, Respondent, v. NEW YORK PRESBYTERIAN HOSPITAL, et al., Defendants, and SRINIVAS KESANAKURTHY, Appellant.

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

Decided August 19, 2015.


Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was pursuant to CPLR 306-b for leave to extend the time within which to serve the summons and complaint upon the defendant Srinivas Kesanakurthy is denied, and the matter is remitted to the Supreme Court, Kings County, for a hearing on the issue of whether the defendant Srinivas Kesanakurthy was properly served with process...

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