Nazzaro v. Savitz

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Nelson, J.), entered September 4, 2001, which granted the defendant’s motion for leave to enter judgment in his favor based on the plaintiffs’ failure to timely file proof of service in accordance with CPLR former 306-b and denied their cross motion to extend the time to file proof of service nunc pro tunc pursuant to CPLR 2004.

Ordered that the order is affirmed, with costs.

Since the plaintiffs failed to file proof of service within 120 days of the filing…