MARTINEZ v. PATEL


126 Misc.2d 985 (1985)

Miguel A. Martinez et al., Plaintiffs, v. Harilal N. Patel et al., Defendants. Miguel A. Martinez et al., Plaintiffs, v. Mukund R. Patel, Defendant.

Supreme Court, Special Term, Kings County.

January 7, 1985


Attorney(s) appearing for the Case

Schneider, Kleinick & Weitz (Bradford Cooke of counsel), for plaintiffs. Curtis Mallet-Prevost, Colt & Mosle for Harilal N. Patel and another, defendants. Frank E. Maher, P. C., for Lutheran Medical Center, defendant.


HERBERT KRAMER, J.

This court holds in a matter of apparent first impression under CPLR 3106 that discovery may be had on jurisdictional issues prior to answer but must be limited thereto.

A medical malpractice action was instituted by the purported service of a summons and complaint. Prior to joinder of issue a motion was made for dismissal grounded for lack of personal service.

The plaintiffs served a notice of examination before trial...

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