Tello v. Mental Health Ass'n of Westchester, Inc.

In an action to recover damages for personal injuries, the defendant Mental Health Association of Westchester, Inc., also known as Mental Health Association of Westchester County, appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), entered October 25, 2007, as denied its motion to dismiss the complaint pursuant to CFLR 305 (b) and, in effect, pursuant to CFLR 3211 (a) (7) and (8).

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

*500CPLR 305 (b) provides in relevant part that when a summons is served without a…