Spiegel v. Booth Memorial Hospital

In a medical malpractice action, defendant James Glasser appeals from an order of the Supreme Court, *887Queens County, dated January 8, 1975, which denied his motion to dismiss the action for failure to serve a complaint and granted leave to plaintiffs to serve their complaint within a specified period. Order reversed, on the law, with $20 costs and disbursements, and motion granted without prejudice to a motion by plaintiffs to vacate their default upon proper papers demonstrating the merits of their actions. The complaint in this action was served on August 27, 1974 with the affidavit in…