Bergey v. Flynn

—Order unanimously reversed on the law without costs, motion granted and action against defendant William J. Flynn, Jr., M.D. dismissed. Memorandum: Supreme Court erred in denying the motion of William J. Flynn, Jr., M.D. (defendant) seeking dismissal of the action against him based on plaintiffs’ failure to comply with his demand for the complaint (see, CPLR 3012 [b]). Plaintiffs commenced this action by filing a summons with notice on November 4, 1999, and defendant appeared by filing a demand for the complaint on December 1, 1999. In opposition to defendant’s motion, plaintiffs submitted…