GIORDANO v. McMURTRY


79 A.D.2d 548 (1980)

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

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

December 9, 1980


Unanimously reversed, on the law, the motion to confirm the report of the referee denied, and complaint against defendant-appellant Carmel dismissed, with costs.

This is a malpractice action arising out of the death of plaintiff's decedent. The attempted service upon Dr. Carmel was accomplished by a process server leaving a copy of the summons with a hospital administrator at Columbia Presbyterian Hospital, where Dr. Carmel, a private attending physician, rented office...

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