From Casetext: Smarter Legal Research

Thermidor v. Wyckoff Heights Hospital

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 653 (N.Y. App. Div. 1987)

Opinion

May 18, 1987

Appeal from the Supreme Court, Kings County (Pizzuto, J.).


Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, the complaint is dismissed insofar as it is asserted against the defendant Sersante, and the action as against the remaining defendants is severed.

The uncontroverted testimony of the plaintiff's process server at the traverse hearing established that the delivery of the summons and complaint to the defendant doctor's secretary occurred outside of the doctor's presence. Thus, service upon the defendant Dr. Sersante was not properly effected pursuant to CPLR 308 (1) (see, Selby v. Jewish Mem. Hosp., 130 A.D.2d 651 [decided herewith]; Espy v. Giorlando, 85 A.D.2d 652, affd 56 N.Y.2d 640; see also, Macchia v. Russo, 115 A.D.2d 595, affd 67 N.Y.2d 592). Mangano, J.P., Eiber, Kunzeman and Harwood, JJ., concur.


Summaries of

Thermidor v. Wyckoff Heights Hospital

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 653 (N.Y. App. Div. 1987)
Case details for

Thermidor v. Wyckoff Heights Hospital

Case Details

Full title:ERIC THERMIDOR, Respondent, v. WYCKOFF HEIGHTS HOSPITAL et al.…

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

Date published: May 18, 1987

Citations

130 A.D.2d 653 (N.Y. App. Div. 1987)