Jones v. Brown

— In a medical malpractice action, defendant Brookhaven Memorial Hospital appeals from an order of the Supreme Court, Suffolk County, dated January 4, 1979, which denied its motion to dismiss the complaint pursuant to CPLR 3211 as being time barred or for summary judgment on the same ground. Order affirmed, with $50 costs and disbursements. An action based upon the same acts as this action had previously been commenced by the plaintiff by service of a summons without a complaint. The plaintiff’s case was eventually dismissed by Special Term for failure to serve a complaint. Said dismissal,…