Opinion
No. 4475.
November 6, 2008.
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered January 16, 2008, which, in an action for medical malpractice, granted defendant's motion pursuant to CPLR 3211 (a) (8) to dismiss the complaint to the extent of ordering a traverse hearing, unanimously affirmed, without costs.
McAloon Friedman, P.C., New York (Timothy J. O'Shaughnessy of counsel), for appellant.
DeSimone, Aviles, Shorter Oxamendi LLP, New York (Louise M. Cherkis of counsel), for respondents.
Andrias, J.P., Saxe, Gonzalez, Catterson and Acosta, JJ.
A traverse hearing was properly ordered in light of the conflicting accounts provided by plaintiffs process server, and defendant and his office manager, regarding how and whether service was properly effectuated upon defendant ( see Ananda Capital Partners v Stav Elec. Sys. [1994], 301 AD2d 430).