Borgia v. Interboro General Hospital

In a medical malpractice and wrongful death action, the appeal is from an order of the Supreme Court, Kings County (Bellard, J.), dated March 25,1981, which granted plaintiffs’ motion directing the appellants to accept service of plaintiffs’ verified complaint, and denied appellants’ cross motion to dismiss the action against them because of plaintiffs’ failure to serve a timely complaint. Order reversed, on the law, with $50 costs and disbursements, plaintiffs’ motion is denied, and appellants’ cross motion is granted. Under the circumstances we do not accept the poor health of plaintiffs’…