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Giordano v. McMurtry

58 N.Y.2d 872 Court N.Y. Decision date 1983-02-10 English

Contents

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p. 872
John C. Giordano, Jr., et al., as Executors of Robert J. Schmertz, Deceased, Appellants, v James G. McMurtry, Respondent, et al., Defendants.
Decided February 10, 1983
p. 873
APPEARANCES OF COUNSEL
Charles F. McGuire for appellants.
Anthony M. Sola for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the

p. 874
memorandum of the Appellate Division ( 90 AD2d 451 ). We would add only that service on the hospital administrator did not constitute personal service on defendant Dr. McMurtry pursuant to CPLR 308 (subd 1) (see Espy v Gloriando, 56 NY2d 640 ).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.

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