GINTZLER v. SCHWARZ


129 Misc.2d 836 (1985)

Alan R. Gintzler, Plaintiff, v. Richard H. Schwarz, Individually and as Dean of Downstate Medical Center, et al., Defendants.

Supreme Court, Special Term, New York County.

October 4, 1985


Attorney(s) appearing for the Case

S. Andrew Schaffer for Jose Musacchio, defendant. Leon Friedman and Mark Nichter for plaintiff.


DAVID SAXE, J.

Defendant, Jose Musacchio, has brought this motion to reject the report of the Referee and for leave to renew or to reargue his former motion to dismiss the complaint (pursuant to which the above-mentioned reference was directed).

In defendant's former motion he first argued that the predicate showing of due diligence had not been met in order to resort to substituted "nail and mail" service of process. (CPLR 308 [4].) He further...

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