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CIANCARELLI v. TIMMINS

2022-01326, Index No. 624222/19.

2024 NY Slip Op 01793

JENNIFER CIANCARELLI, Respondent, v. EDWARD M. TIMMINS, ETC., ET AL., Defendants, JOHN E. STEWART, ETC., Appellant.

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

Decided April 3, 2024.

Attorney(s) appearing for the Case

Amabile & Erman, P.C., White Plains, NY ( Nicole Callahan of counsel), for appellant.

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Andrew J. Fisher ], of counsel), for respondent.

Before: Colleen D. Duffy, J.P., Linda Christopher, William G. Ford, Janice A. Taylor, JJ.

DECISION & ORDER

In a consolidated action, inter alia, to recover damages for medical malpractice, the defendant John E. Stewart appeals from an order of the Supreme Court, Suffolk County (David T. Reilly, J.), dated January 24, 2022. The order denied that defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him and granted the plaintiff's cross-motion pursuant to CPLR 306-b for an extension of time to serve that defendant...

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