Pettus v. New York Eye & Ear Infirmary

OPINION OF THE COURT

Bertram Katz, J.

Motion by defendant Martin Luther King Health Center, hereinafter referred to as MLK, for an order declaring that this action was automatically dismissed without prejudice and without costs as against said defendant pursuant to CPLR 306-b (a) on March 9, 1996, and pursuant to CPLR 306-b (b) on July 9, 1996, and declaring that there is no present action pending against MLK as a defendant in the instant action, and for other relief, is granted in all respects; the cross motion by plaintiff for an order striking the affirmative defense of personal jurisdiction…