Braxton v. McMillan

*608In an action to recover damages for medical malpractice, etc., the defendant Mario DiBlasio appeals from an order of the Supreme Court, Kings County (Dabiri, J.), dated August 14, 2009, which denied his motion pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him and granted the plaintiffs’ cross motion pursuant to CPLR 306-b to extend their time to serve the summons and complaint upon him.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the motion of the defendant Mario DiBlasio pursuant to CPLR 3211 (a) (8) to…