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Persaud v. New York City Health Hospitals

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1992
183 A.D.2d 705 (N.Y. App. Div. 1992)

Opinion

May 4, 1992

Appeal from the Supreme Court, Queens County (Graci, J.).


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly determined that she had failed to obtain personal jurisdiction over the defendant New York City Health Hospitals Corporation (hereinafter the NYCHHC). The record discloses that the plaintiff's attorney served the summons and complaint in this action on an administrative assistant employed by the NYCHHC to perform general secretarial duties. The administrative assistant was clearly not an officer, director, managing agent, or cashier of the NYCHHC, and there is no evidence that she was an agent authorized by appointment or law to accept service on its behalf (see, CPLR 311). Further, while the administrative assistant agreed to accept the summons and complaint delivered by the plaintiff's attorney, it is undisputed that the attorney made no inquiry to determine the relationship of the administrative assistant to the NYCHHC, what duties she performed, or whether she was authorized to accept service of process. Moreover, the administrative assistant had never previously accepted service on behalf of the NYCHHC. Under these circumstances, we find that the plaintiff failed to meet her burden of establishing that the NYCHHC was properly served (see, Glasser v. Kaswol Constr. Corp., 176 A.D.2d 858; Reed v. Trailways Bus Sys., 146 A.D.2d 763; Hoffman v. Petrizzi, 144 A.D.2d 437; Cadlett v. St. John's Episcopal Hosp., 134 A.D.2d 394). Sullivan, J.P., Balletta, Eiber and O'Brien, JJ., concur.


Summaries of

Persaud v. New York City Health Hospitals

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1992
183 A.D.2d 705 (N.Y. App. Div. 1992)
Case details for

Persaud v. New York City Health Hospitals

Case Details

Full title:NAWTIE PERSAUD, Appellant, v. NEW YORK CITY HEALTH HOSPITALS CORPORATION…

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

Date published: May 4, 1992

Citations

183 A.D.2d 705 (N.Y. App. Div. 1992)

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