GINTZLER v. SCHWARZ


126 Misc.2d 491 (1984)

Alan R. Gintzler, Plaintiff, v. Richard H. Schwarz, Individually and as Dean of Downstate Medical Center, a Division of the State University of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

December 7, 1984


Attorney(s) appearing for the Case

Mark L. Nichter for plaintiff. S. Andrew Schaffer and Ada Melay for Jose M. Musacchio, defendant.


DAVID B. SAXE, J.

Is service of process under CPLR 308 (subd 4) complied with by service at the former dwelling place of the defendant which is now the dwelling place of his ex-wife where the defendant has maintained a telephone listing in his name at that address? That is the first issue for discussion in this matter.

The essential facts appear to be as follows: In June of 1974, the plaintiff, an aspiring pharmacologist was terminated as a researcher...

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