OXHANDLER v. SEKHAR


88 A.D.2d 817 (1982)

Robert Oxhandler, Appellant, v. H. K. Chandra Sekhar, Respondent, et al., Defendant

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

June 8, 1982


In a medical malpractice action, alleging acts of malpractice occurring between February 27 and March 2, 1978, plaintiff first tolled the Statute of Limitations as to Dr. Sekhar by filing a summons and complaint with the New York County Clerk on July 30, 1980 in accordance with CPLR 203 (subd [b], par 5). Thereafter, according to an affidavit filed by a process server, personal service was effected on the defendant doctor pursuant to CPLR 308 (subd 2) by delivering the summons...

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