Zulic v. Persich

In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated February 24, 2012, as granted those branches of the defendants’ separate motions which were to dismiss the complaint pursuant to CPLR 3211 (a) (5), and *905denied, as academic, the plaintiffs’ cross motion for leave to file late proofs of service.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly determined that its prior dismissal of a…