Williams v. Interboro General Hospital

In a medical malpractice action, defendant M. B. Raskin appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated January 10, 1977, as (1) denied his cross motion to dismiss the first cause of action and (2) granted respondent’s cross motion to strike the affirmative defense of Statute of Limitations. Order affirmed insofar as appealed from, with $50 costs and disbursements. We hold that a summons is "delivered” to the Sheriff in accordance with CPLR 203 (subd [b], par 5) when the plaintiff timely mails the summons, not when the Sheriff actually…