Carbonaro v. Maimonides Medical Center

In a medical malpractice action, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated December 5, 2000, as denied that branch of his motion pursuant to CPLR 306-b which was for an extension of time to serve the complaint upon the defendant Alan Lefkowitz.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff filed the summons and complaint in this medical malpractice action in March 1998, less than one month before the 10-year infancy toll of the Statute of Limitations expired (see, CPLR 208). Although the…