Bergling v Schwartz
2012 NY Slip Op 05710 [97 AD3d 772]
July 25, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


Abigail Bergling, an Infant, by Her Mother and Natural Guardian, Donna Bergling, et al., Respondents,
v
Joel M. Schwartz, M.D., Appellant, et al., Defendants.

[*1] Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh, N.Y. (Holly L. Reinhardt of counsel), for appellant.

In an action to recover damages for medical malpractice, etc., the defendant Joel M. Schwartz appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Garvey, J.), dated November 15, 2011, as, upon reargument, vacated that portion of its original determination in an order dated September 13, 2011, directing a hearing to determine the validity of service, and thereupon granted that branch of the plaintiffs' cross motion which was pursuant to CPLR 306-b to extend the time to serve a summons and complaint upon him.

Ordered that the order dated November 15, 2011, is affirmed insofar as appealed from, without costs or disbursements.

Upon reargument, the Supreme Court providently exercised its discretion in granting that branch of the plaintiffs' cross motion which was pursuant to CPLR 306-b to extend their time to serve a summons and complaint upon the defendant Joel M. Schwartz (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]; Robles v Mirzakhmedov, 34 AD3d 554, 554-555 [2006]; see also Thompson v City of New York, 89 AD3d 1011, 1012 [2011]; Samet v Binson, 67 AD3d 988, 989 [2009]; Matter of Mobilevision Med. Imaging Servs., LLC v Sinai Diagnostic & Interventional Radiology, P.C., 66 AD3d 685, 686 [2009]; Rosenzweig v 600 N. St., LLC, 35 AD3d 705 [2006]). Rivera, J.P., Eng, Lott and Cohen, JJ., concur.