Silverman v. St. Vincent's Hospital & Medical Center

Full title: ADELE SILVERMAN, Appellant, v. ST. VINCENT'S HOSPITAL MEDICAL CENTER et…

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

Date published: Oct 26, 1993

197 A.D.2d 459 (N.Y. App. Div. 1993)

603 N.Y.S.2d 39

Opinion

October 26, 1993

Appeal from the Supreme Court, New York County (Stanley Ostrau, J.).

In light of the fact that plaintiff failed to adequately establish that it would be impracticable for her to again attempt to serve Walsh pursuant to CPLR 308 (2), there were no grounds for the court to direct expedient service upon defendant's counsel pursuant to CPLR 308 (5) (see, Simens v. Sedrish, 82 A.D.2d 915).

Nor is there any merit to plaintiff's challenge to the Judicial Hearing Officer's well-founded determination that plaintiff had failed to sustain the burden of proving that the person actually served either worked with or was employed by Walsh, which thereby rendered the initial attempt at service ineffective.

We have considered all other claims and find them to be meritless. Murphy, P.J., Kupferman, Ross and Rubin, JJ.