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Giordano v. McMurtry

Court of Appeals of the State of New York
Feb 10, 1983
58 N.Y.2d 872 (N.Y. 1983)

Opinion

Decided February 10, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NORMAN C. RYP, J.

Charles F. McGuire for appellants.

Anthony M. Sola for respondent.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 90 A.D.2d 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 Giorlando, 56 N.Y.2d 640).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.


Summaries of

Giordano v. McMurtry

Court of Appeals of the State of New York
Feb 10, 1983
58 N.Y.2d 872 (N.Y. 1983)
Case details for

Giordano v. McMurtry

Case Details

Full title:JOHN C. GIORDANO, JR., et al., as Executors of ROBERT J. SCHMERTZ…

Court:Court of Appeals of the State of New York

Date published: Feb 10, 1983

Citations

58 N.Y.2d 872 (N.Y. 1983)
460 N.Y.S.2d 492
447 N.E.2d 40