Rose v. Our Lady of Mercy Medical Center

—Order, Supreme Court, Bronx County (Janice Bowman, J.), entered November 25, 1998, denying defendants’ motion and cross-motion to dismiss plaintiffs’ complaint, unanimously modified, on the law, the facts and in the exercise of discretion, to dismiss the complaint as against defendant Mazzella, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of defendant Mazzella dismissing the complaint as against him.

Defendants appeal from the denial of their motions to dismiss this medical malpractice action on the ground that plaintiffs failed to serve a timely…