ZERBI v. BOTWINICK

2016-09985, Index No. 701675/15.

162 A.D.3d 831 (2018)

79 N.Y.S.3d 201

2018 NY Slip Op 04376

Erika Zerbi et al., Appellants, v. Nelson Botwinick, M.D., et al., Respondents.

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

Decided June 13, 2018.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this medical malpractice action on February 23, 2015, by filing a summons with notice. They purported to effect service upon both defendants on June 17, 2015. It is undisputed that service was never effected upon the defendant Nelson Botwinick, and he did not actually learn of the action until November 2, 2015, when someone with the defendant Seaport Orthopaedic Associates...

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