Maidenbaum v. Ellis Hospital

Appeal from so much of an order of the Supreme Court at Special Term, entered May 30, 1975 in Schenectady County, as denied plaintiff’s motion to compel defendant Mason to accept service of the complaint and granted defendant Mason’s motion to dismiss for failure to serve a complaint. This proceeding has previously been before this court at which time a dismissal of the plaintiff’s action against the defendant Mason was reversed without prejudice to a renewal of defendant Mason’s motion to dismiss (Maidenbaum v Ellis Hosp., 47 AD2d 683). This malpractice action was initiated against defendant…