Webber v. Patel

—In an action to recover damages for medical malpractice, the defendant Shama Rasool appeals from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated *550November 3,1995, as denied his cross motion to dismiss the action insofar as asserted against him.

Ordered that the order is reversed insofar as appealed from, with costs, the defendant Shama Rasool’s cross motion is granted, and the complaint is dismissed insofar as asserted against him.

Although the plaintiffs offered a reasonable excuse for the two-month delay in serving the medical malpractice complaint upon the…