Ault v. Richman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeals (1) *614from an order of the Supreme Court (Sise, J.), entered August 1, 2001 in Montgomery County, which granted defendants’ motion to dismiss for failure to serve a complaint, and (2) from an order of said court, entered October 3, 2001 in Montgomery County, which denied plaintiffs motion to reargue.
After plaintiff served a summons with notice in this medical malpractice action, defendants appeared in September 2000 and demanded a complaint. Defendants thereafter granted two extensions for service of the complaint, the second of which expired in February 2001. When defendants moved in…
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