Perez v. Beth Israel Medical Center

Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered April 11, 2001, which, inter alia, denied the cross motion of defendant Bhadra Bharat Shah, M.D. to dismiss Action No. 1 for lack of jurisdiction and Action No. 2 as time barred, unanimously affirmed, without costs.

Since defendant was timely served with both the original and the supplemental papers, the action was not dismissed under CPLR 306-b as had occurred in Louden v Rockefeller Ctr. N. (249 AD2d 25), thereby rendering that matter distinguishable. Indeed, here jurisdiction was obtained over defendant in the first action by…