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CLERMONT v. ABDELREHIM

4210. 805240/15.

151 A.D.3d 495 (2017)

2017 NY Slip Op 04560

53 N.Y.S.3d 537

MARIE JOSE CLERMONT, Respondent, v. SAHAR ABDELREHIM et al., Defendants, and CHUONG LE, M.D., Appellant.

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

Decided June 8, 2017.

Plaintiff seeks damages for alleged medical malpractice in connection with spinal surgery that rendered her paralyzed from the waist down.

Le waived his lack of service defense by failing to timely move to dismiss, as required by CPLR 3211 (e). If Le had never filed an answer, CPLR 3211 (e) would not have been implicated and the failure to serve him would have rendered all subsequent proceedings null and void (see Emigrant Mtge. Co., Inc. v Westervelt,

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