Dworetzky v. Ball

Appeal from an order of the Supreme Court at Special Term, entered September 10, 1974 in Albany County, which granted a motion by defendant to dismiss the complaint pursuant to CPLR 3012 (subd [b]). On March 9, 1972 a summons was served upon the defendant in plaintiffs action based upon alleged medical malpractice which resulted in the death of plaintiffs father. On July 23, 1973, no complaint having been served, defendant moved for dismissal pursuant to CPLR 3012 (subd [b]). Plaintiff cross-moved to compel acceptance by defendant of a proposed complaint. Upon hearing both *616applications, an…