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GUIDO v. KOVACHEV

125 A.D.2d 221 (1986)

Roger Guido, Appellant, v. Dinicha Kovachev, Respondent

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

December 11, 1986

Sullivan, J., concurs in a memorandum as follows:

Although, in my view, it is clear on this record that the defendant doctor evaded process, I am unfortunately constrained to vote to affirm, since the requirements of CPLR 308 (2), under which service was attempted to be effectuated, were not met. Far too often, we have seen similar cases where doctors avoid process by manipulation of the phalanx of support...

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