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Cohen v. Silverman3/12/2001
n sufficient to demonstrate the existence of a meritorious case as to Dr. Silverman, it was insufficient as to North Shore or Brookdale (see generally, Mosberg v Elahi, 80 NY2d 941; Burke v Klein, 269 AD2d 348).
The contention of the defendant Sanjeev Rajpal, s/h/a "John" Rajpaul, that he is also entitled to dismissal of the complaint insofar as asserted against him based upon the plaintiff's failure to serve and file a note of issue in response to North Shore's 90-day notice must be rejected. There is no proof in the record that Rajpal served such a notice, a prerequisite to dismissal pursuant to CPLR 3216 (see, Ubriaco v John T. Mather Memorial Hospital, 209 AD2d 404).
BRACKEN, ACTING P.J., O'BRIEN, SANTUCCI and FLORIO, JJ., concur.
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