Greene v. Thompson

Appeal from an order of the Supreme Court at Special Term, entered April 6, 1977 in Warren County, which granted defendant’s motion to dismiss plaintiff’s complaint. On November 1, 1976, defendant’s motion to dismiss the medical malpractice complaint, alleging acts that occurred in 1972, on the grounds: (a) that in personam jurisdiction had not been conferred on the court because of plaintiff’s failure to comply with the provisions of CPLR 308 (subd 2); and (b) that the applicable three-year Statute of Limitations (CPLR 214) had expired, was granted. No appeal was taken from the order of…