Marcello v. Flecher

Appeal from an order of the Supreme Court (Kramer, J.), entered February 2, 2016 in Schenectady County, which, among other things, denied a motion by defendant St. Peter’s Hospital to dismiss the action against it.

On June 16, 2015, plaintiff commenced this medical malpractice action against, among others, defendant St. Peter’s Hospital (hereinafter defendant) by service of a summons with notice. Approximately two weeks later, defendant appeared and demanded a complaint. Plaintiff thereafter failed to tender the requested complaint in a timely manner and, in August 2015, defendant moved to…