Caruso v. Raju

—In an action to recover damages for medical malpractice, the defendant appeals from so much of an order of the Supreme Court, Richmond County (Leone, J.), dated April 2, 1997, as, upon granting his motion to extend the time to answer the complaint, determined that his affirmative defense of lack of personal jurisdiction is without merit.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the defendant’s affirmative defense of lack of personal jurisdiction is reinstated, and, upon searching the record, the complaint is dismissed.

Th…