Oxhandler v. Sekhar

— Order and judgment, Supreme Court, New York County (Taylor, J.) entered respectively November 9 and December 28,1981, confirming special referee’s report after a traverse hearing that valid service was not effected on the defendant doctor and, accordingly, dismissing the complaint as to him, reversed, on the law and the facts, the motion to confirm is denied, and the complaint is reinstated, without costs. In a medical malpractice action, alleging acts of malpractice occurring between February 27 and March 2, 1978, plaintiff first tolled the Statute of Limitations as to Dr. Sekhar by filing…