Opinion
2012-07-25
Abigail BERGLING, etc., et al., respondents, v. Joel M. SCHWARTZ, etc., appellant, et al., defendants.
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 N.Y.2d 95, 736 N.Y.S.2d 291, 761 N.E.2d 1018;Robles v. Mirzakhmedov, 34 A.D.3d 554, 554–555, 824 N.Y.S.2d 406;see also Thompson v. City of New York, 89 A.D.3d 1011, 1012, 933 N.Y.S.2d 701;*564Samet v. Binson, 67 A.D.3d 988, 989, 891 N.Y.S.2d 93;Matter of Mobilevision Med. Imaging Servs., LLC v. Sinai Diagnostic & Interventional Radiology, P.C., 66 A.D.3d 685, 686, 885 N.Y.S.2d 631;Rosenzweig v. 600 N. St., LLC, 35 A.D.3d 705, 826 N.Y.S.2d 680).