Zimmer v. Lake Shore Hospital

—Order unanimously reversed on the law with costs, motions granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motions to dismiss the complaint. Plaintiffs commenced this medical malpractice action by filing a summons and complaint in the County Clerk’s office on October 31, 1997. *958They failed to file proof of service, however, until March 4, 1998. Under CPLR former 306-b (a), failure to file proof of service within 120 days was a “fatal jurisdictional defect” resulting in automatic dismissal (Matter of Barsalow v City of Troy, 208 AD2d 1144, 1145). Because…