Selwitshka v. Glens Falls Hospital

Motion by defendants Glens Falls Hospital and Tullio Mereu for an order dismissing this medical malpractice action, as to them, for failure to serve a complaint (CPLR 3012, subd [b]).

Cross motion by plaintiff for an order excusing her default and extending her time for service of the complaint (CPLR 2004).

The malpractice asserted occurred in early 1964, when plaintiff was 11 years old. This action was commenced by service of a summons, without a complaint, on defendant hospital on March 25, 1974 and defendant Mereu on May 7, *5201974. Notices of appearance, with demands for service of the…