O'Halloran v. Eller

In an action to recover damages for wrongful death and conscious pain and suffering, based upon alleged medical malpractice, defendant Eller appeals from an order of the Supreme Court, Queens County, dated May 30, 1973, which *956conditionally denied Ms motion to dismiss the action for failure to serve a complaint in response to his demand therefor (CPLR 3012, subd. [b]), the condition being to permit plaintiff to serve a complaint within a stated 20-day period of time. Order reversed, with $20 costs and disbursements, motion granted unconditionally and action dismissed. The motion was made about…