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.