Opinion
March 12, 1992
Appeal from the Supreme Court, New York County (Stanley L. Sklar, J.).
We find plaintiffs' service upon Dr. Mitchell, pursuant to CPLR 203 (b) (5), upon the County Clerk in the county in which she last resided or was last employed proper and sufficient to toll the statute of limitations for an additional 60 days, within which time personal service upon Dr. Mitchell was complete. It is of no consequence that plaintiffs may have known Dr. Mitchell's address outside of the State prior to delivery of the summons to the County Clerk. (Rossi v Oristian, 50 A.D.2d 44, 48-49.) Accordingly, the action was timely brought against Dr. Mitchell.
We further find that IAS committed no error in adding Michael Truppin, P.C., as a party defendant since all of the prerequisites for leave to file the proposed amended complaint were met. (Mondello v New York Blood Center-Greater N.Y. Blood Program, 175 A.D.2d 718, 719.)
Concur — Carro, J.P., Milonas, Wallach, Ross and Rubin, JJ.