ESPY v. GIORLANDO


85 A.D.2d 652 (1981)

Norma Espy, Respondent, v. Stephen W. Giorlando, Appellant, et al., Defendant

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

December 21, 1981


Order reversed, on the law, without costs or disbursements, the second affirmative defense included in the answer of defendant Giorlando is reinstated, and the complaint is dismissed as against the said defendant upon the ground that personal service of the summons was not made upon him.

The issue presented is whether personal service of the summons and complaint upon the defendant doctor was completed pursuant to any subdivision of CPLR 308, by delivery of same to...

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