Horowitz v. Coch

The plaintiff commenced this action in February 2008 against Dr. Dorrit Coch, and Laura McKenna, a certified nurse-midwife *708who was once employed by Coch. Although Coch was timely served with the summons and complaint, the process server learned, upon attempting service upon McKenna at Coch’s office, that McKenna no longer worked there, and no further attempt was made to serve McKenna with the summons and complaint. In May 2009 the plaintiff moved, pursuant to CPLR 306-b, to extend the time to serve the summons and complaint upon McKenna. The motion was made on notice to Coch, but not on…