Opinion
August 31, 1987
Appeal from the Supreme Court, Queens County (Bambrick, J.).
Ordered that the order is affirmed, without costs or disbursements.
The evidence adduced at the hearing indicates that plaintiff attempted to effectuate personal service on the defendant Pelham Bay General Hospital, a partnership, by personally serving an administrative assistant thereof, who was not herself a partner. CPLR 310 provides that "[p]ersonal service upon persons conducting a business as a partnership may be made by personally serving the summons * * * upon any one of them". Accordingly Trial Term properly held that personal jurisdiction was not acquired over the defendant Pelham Bay General Hospital (see, Italian Colony Rest. v. Wershals, 45 A.D.2d 841; cf., G-M Assocs. v. Aldo Realty Co., 59 A.D.2d 733, lv denied 43 N.Y.2d 648). Mangano, J.P., Niehoff, Sullivan and Harwood, JJ., concur.