Ramos v. Lapommeray

— Order, Supreme Court, Bronx County (Irma Vidal Santaella, J.), entered September 11, 1986, which denied the motion of defendant Dr. Luc Lapommeray (Dr. Lapommeray) to dismiss the complaint, on the ground that the plaintiff failed to serve and file a note of issue within 90 days, is unanimously reversed, on the law and on the facts, motion granted, and complaint dismissed, without costs.

In January 1983, Dr. Lapommeray performed surgery, in Montefiore Hospital and Medical Center (Hospital), upon Ms. Eneida Ramos (Ms. Ramos), for the purpose of relieving the pain in the second toe of her left…