Gabriel v. Beth Israel Medical Center

OPINION OF THE COURT

Charles E. Ramos, J.

This traverse proceeding raises the issue of whether or not a defendant may be estopped from asserting that personal service pursuant to CPLR 308 (subd 2) was defective.

This is an action for medical malpractice. The defendants, Justo P. Lozada (hereinafter Lozada) and New York Anesthesiology Group (hereinafter Group) seek to dismiss the complaint as against them, with prejudice, on the grounds of improper service and the fact that the Statute of Limitations has expired as regards the claims against them.

The facts are that service was made pursuant to…