Sutton v. Winston

— In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Westchester County (Walsh, J.), entered February 18, 1982, which granted defendants’ motion to dismiss the action for failure to serve a complaint. Order affirmed, with $50 costs and disbursements. A summons dated August 12, 1980 was served by plaintiff on defendant Winston. Defendant Winston served a notice of appearance dated September 3, 1980 on plaintiff’s attorney and demanded a copy of the complaint. Winston then moved to dismiss the action for failure to serve a complaint within 20 days, but later…