Garry, J.
This medical malpractice action arises out of allegedly negligent treatment and postoperative care received by plaintiff Charles E. Hine in January and February 2005. Hine and his wife, derivatively, filed a summons with notice on July 10, 2007. On November 6, 2007, plaintiffs filed a complaint and certificate of merit and mailed copies of the summons and complaint to the Broome County Sheriff for service. The summons with notice and complaint were served...
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