Holliday v. Townley

In this dental malpractice action, plaintiff appeals as of right the trial court’s order dismissing her action for failure to serve defendant. We affirm.

Plaintiff filed her complaint on June 3, 1988, and a copy of it was sent by regular mail to defendant on June 27, 1988, with a cover letter informing defendant that if he did not provide requested records within thirty days, plaintiff’s counsel would "formally serve the papers.” Defendant forwarded the complaint to his malpractice insurance carrier, who, in turn, proceeded to investigate the claim. There is no dispute that defendant was never…