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INGLESIAS v. BAPTIST MED. CTR.

94 A.D.2d 738 (1983)

Theresa Inglesias, as Administratrix of The Estate of Michael Inglesias, Deceased, Respondent, v. Baptist Medical Center et al., Defendants, and Marcia Pher, Appellant

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

May 16, 1983

Order reversed, with costs, and action remitted to Special Term for further proceedings consistent herewith.

Special Term erred in authorizing service upon appellant pursuant to CPLR 308 (subd 5) in the absence of a proper showing by the plaintiff that service upon her was "impracticable" under CPLR 308 (subds 1, 2, 4) (see Booth v Lipton, 87 A.D.2d 856). Whether plaintiff's initial attempt at service complied with the requirements...

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