Riley v. Health & Hospital Corp.

In an action, inter alia, to recover damages for medical malpractice and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Weston, J.), dated March 22, 2016, which granted the motion of the defendants Health and Hospital Corporation and Kings County Hospital Center pursuant to CPLR 3012 (b) to dismiss the action insofar as asserted against them for failure to timely serve a complaint.

Ordered that the order is affirmed, with costs.

“To avoid dismissal of an action for failure to timely serve a complaint after a demand for the complaint has been made…