Giordano v. McMurtry

New York Court of Appeals February 10, 1983

Giordano v. McMurtry, 58 N.Y.2d 872 (N.Y. 1983)

447 N.E.2d 40; 460 N.Y.S.2d 492; 1983 N.Y. LEXIS 2858

Opinion of the Court

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 *874memorandum 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.

Reference

Full Case Name: John C. Giordano, Jr., as Executors of Robert J. Schmertz v. James G. McMurtry
Status: Published