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GIORDANO v. McMURTRY

58 N.Y.2d 872 (1983)

John C. Giordano, Jr., et al., as Executors of Robert J. Schmertz, Deceased, Appellants, v. James G. McMurtry, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Charles F. McGuire for appellants.

Anthony M. Sola for respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (90 A.D.2d 451). We would add only that service on the hospital administrator did not constitute personal service on defendant Dr. McMurtry pursuant to CPLR 308 (subd 1) (see Espy v Giorlando...

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