Scarborough v. Zimmon

Order reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendant, St. Vincent’s Hospital and Medical Center, appeals from an order which denied its motion to dismiss plaintiffs’ action against it for failure to serve a complaint on time (see CPLR 3012) and which granted plaintiffs’ cross motions compelling it to accept the complaint served more than three months after defendant’s demand. The order is reversed, plaintiffs’ motion is denied, defendant’s motion granted, and the complaint against the defendant hospital is dismissed. Accepting as true plaintiffs’…