Clermont v. Abdelrehim

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered March 29, 2016, which, insofar as appealed from, granted plaintiff’s motion to strike defendant Chuong Le, M.D.’s affirmative defense based on lack of personal jurisdiction and denied Le’s cross motion to dismiss the claims against him, unanimously affirmed, without costs.

Plaintiff seeks damages for alleged medical malpractice in connection with spinal surgery that rendered her paralyzed from the waist down.

Le waived his lack of service defense by failing to timely move to dismiss, as required by CPLR 3211 (e). If Le had…