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Diamond v. Acker

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1980
78 A.D.2d 546 (N.Y. App. Div. 1980)

Opinion

September 29, 1980


In a medical malpractice action, plaintiffs appeal from (1) an order of the Supreme Court, Nassau County, dated December 17, 1979, which, after a hearing, determined that service of process had not been effected upon the defendant and (2) a further order of the same court, dated December 19, 1979, which, upon the aforesaid determination, inter alia, dismissed the complaint. Orders reversed, without costs or disbursements, and action remitted to the Supreme Court, Nassau County, for a new hearing and determination in accordance herewith. The records of the Lydia E. Hall Hospital should have borne a certification or have been qualified by a witness as evidence before they were accepted by the court (see CPLR 4518, subd [c]; Nelson v. X-Ray Systems, 46 A.D.2d 995; Ward v Thistleton, 32 A.D.2d 846). Hopkins, J.P., Mangano, O'Connor and Weinstein, JJ., concur.


Summaries of

Diamond v. Acker

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1980
78 A.D.2d 546 (N.Y. App. Div. 1980)
Case details for

Diamond v. Acker

Case Details

Full title:DOROTHY DIAMOND et al., Appellants, v. GERALD ACKER, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 29, 1980

Citations

78 A.D.2d 546 (N.Y. App. Div. 1980)

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