Essner v. Keavy

— In a medical malpractice action, the defendant appeals from an order of the Supreme Court, Rockland County (Walsh, J.), entered July 19,1983, which (1) granted plaintiff’s motion to reargue defendant’s motion to dismiss the plaintiff’s action for failure to timely serve a complaint, which was granted in a prior order of the same court, entered March 25, 1983, and (2) upon reargument, vacated that order and denied defendant’s motion to dismiss the action.

Order entered July 19,1983, modified, on the law, by deleting the provision which vacated the order entered March 25, 1983, and denied…