Schwartz v. Luks

Order, Supreme Court, New York County, entered June 28, 1973, denying the defendants’ motion for summary judgment, unanimously reversed, on the law, and the motion granted. Appellants shall recover of respondent $60 costs and disbursements of this appeal. This malpractice action (for negligent dental treatment on or about January through April, 1968) was initiated by service of summons without complaint on defendant Luks on March 23, 1971 and on defendant Rakower on April 1, 1971. Defendants served a demand for the complaint in May, 1971. In October of 1972, plaintiff’s attempt to serve' the…