AGARWAL v. FLUSHING HOSP. & MED. CTR.


115 A.D.2d 577 (1985)

Alka S. Agarwal, as Administrator of The Estate of Vijay K. Agarwal, Deceased, Appellant, v. Flushing Hospital & Medical Center et al., Respondents, et al., Defendant

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

December 16, 1985


Order affirmed, with costs.

Special Term correctly found that plaintiff failed to establish that he had properly served defendant A. Choa by substituted service pursuant to CPLR 308. Plaintiff's two attempts to serve Dr. Choa personally before June 30, 1983, do not constitute due diligence, nor do the four subsequent attempts, none of which were made at Dr. Choa's place of employment. Furthermore, the evidence supports Special Term's determination that Dr. Choa's...

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