Molyneux v Mondrow
2004 NY Slip Op 01552 [5 AD3d 446]
March 8, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


Genevieve Molyneux, Respondent,
v
Stanley A. Mondrow et al., Defendants, and Jean-Claude Jean, Appellant.

—In an action to recover damages for medical malpractice, etc., the defendant Jean-Claude Jean appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Dollard, J.), dated June 23, 2003, as denied that branch of his motion which was to dismiss the supplemental summons and the amended complaint insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, the plaintiff timely complied with the provision of a prior order of the Supreme Court granting her motion for leave to serve a supplemental summons and amended complaint (see CPLR 1003). Santucci, J.P., Smith, Luciano and Adams, JJ., concur.