Kleeman v. Rheingold

Milonas, J. P., (dissenting).

Plaintiff Janet Kleeman suffered damages from the alleged medical malpractice committed by Dr. Neils Lauerson at New York Hospital. On November 2, 1978, five days before the expiration of the applicable statute of limitations, plaintiff retained defendant law firm for the purpose of instituting an action against Dr. Lauerson and the hospital. Three days later, defendant prepared and delivered a summons and complaint to a process serving company, Fischer’s Service Bureau, which was advised that process had to be served immediately. Although service did not occur…