Summary
In Lombardo v New York Univ. Med. Ctr. (243 AD2d 688 [2d Dept 1997]), the plaintiff, an undertaker, claimed that he cut his finger on an exposed piece of plastic tubing negligently left in the body of a man who had AIDS.
Summary of this case from O'SULLIVAN v. DUANE READE, INC.Opinion
October 27, 1997
Appeals from Supreme Court, Rockland County (Meehan, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court's determination that the testimony of the process server was credible is entitled to substantial deference on appeal ( Federal Natl. Mtge. Assn. v. Roth, 240 A.D.2d 466; Citibank, N. A. v. Baronat, 238 A.D.2d 369; McCray v. Petrini, 212 A.D.2d 676). Based on that testimony the Supreme Court properly determined that personal jurisdiction was obtained over the appellant pursuant to CPLR 308 (2).
Mangano, P.J., Rosenblatt, Pizzuto and Luciano, JJ., concur.