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GIORDANO v. McMURTRY

72 A.D.2d 507 (1979)

John C. Giordano, Jr., et al., as Executors of Robert J. Schmertz, Deceased, Respondents, v. James G. McMurtry, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 1979

That service, in this medical malpractice case, was said to have been made upon an employee of a hospital wherein defendant-appellant doctor claims to have been no more than a renter of office space; this raises at least a question as to whether procedures set out in the hospital bulletin had any application whatever to him. It does not appear affirmatively either that appellant gave consent to having it made in such manner, or that...

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