Prevost v. Hartman

— In an action to recover damages for medical malpractice, plaintiff appeals from an *843order of the Supreme Court, Queens County (Kunzeman, J.), dated September 12, 1983, which denied plaintiff’s motion to strike the affirmative defense of the Statute of Limitations and granted defendant’s cross motion to dismiss the complaint. H Order .affirmed, with costs. U The action purportedly instituted on February 6,1981 was never “commenced” within the meaning of CPLR 205 (subd [a]) because service of the summons and complaint was defective; therefore, the provisions of that section do not apply,…