Jones v. Brown

Suozzi, J.,

dissents and votes to reverse the order and grant the defendant hospital’s motion to dismiss the complaint as time barred, with the following memorandum: By affirming the denial of the defendant hospital’s motion to dismiss the plaintiff’s complaint as time barred, the majority necessarily holds that (1) a dismissal of an action pursuant to CPLR 3012 (subd [b]) for failure to serve a complaint (the action having been timely commenced by service of a summons only) does not constitute a dismissal "for neglect to prosecute the action” within CPLR 205 (subd [a]) and (2) plaintiff had…