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GABRIEL v. BETH ISRAEL MED

121 Misc.2d 351 (1983)

Elizabeth Gabriel et al., Plaintiffs, v. Beth Israel Medical Center et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

September 30, 1983

Attorney(s) appearing for the Case

Heidell, Pittoni & Moran, P. C., for Justo P. Lozada and others, defendants. Bower & Gardner for Beth Israel Medical Center and another, defendants. Louis H. Rosenberg for plaintiffs.

CHARLES E. RAMOS, J.

This traverse proceeding raises the issue of whether or not a defendant may be estopped from asserting that personal service pursuant to CPLR 308 (subd 2) was defective.

This is an action for medical malpractice. The defendants, Justo P. Lozada (hereinafter Lozada) and New York Anesthesiology Group (hereinafter Group) seek to dismiss the complaint as against them, with prejudice, on the grounds of improper service and the...

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