DeSiena v. Maimonides Hospital Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a medical malpractice action, inter alia, to recover damages for personal injuries and wrongful death, the defendant Irving Kroop appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated January 27, 1989, which denied his motion to dismiss the action against him for failure to serve a complaint pursuant to CPLR 3012 (b).
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the defendant Kroop, and the action against the remaining defendants is severed.
The plaintiffs commenced the…
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