New York Court of Appeals
Ruth Markoff v. South Nassau Community Hospital, and Marilyn R. Eckstein
February 21, 198461 N.Y.2d 283
Summary
The Court held that CPLR 205(a) does not apply when a prior action was dismissed for lack of personal jurisdiction because service of process was defective, since the action was never "commenced" within the meaning of the statute; consequently the plaintiff's malpractice and wrongful‑death claims were barred by the applicable statutes of limitations.