SIMON v. REID


78 A.D.2d 583 (1980)

Joseph S. Simon, Sr., Individually and as Administrator of The Estate of Amelia S. Simon, Deceased, Respondent, v. Henry N. Reid et al., Defendants, and Rome Hospital and Murphy Memorial Hospital, Appellant

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

September 26, 1980


Order unanimously reversed, without costs, defendant's motion granted and complaint dismissed; plaintiff's cross motion denied.

Memorandum:

The record establishes that defendant Rome Hospital and Murphy Memorial Hospital is not an independent corporation but a department of the City of Rome. The hospital was improperly named, therefore, as a party defendant and service of process on its administrator failed to supply timely jurisdiction over the City of Rome...

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