COSTA v. FRANKLIN GEN. HOSP.


121 A.D.2d 360 (1986)

Lucy Costa et al., Appellants, v. Franklin General Hospital, Defendant, and Jose Banzon, Respondent

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

June 2, 1986


Judgment affirmed insofar as appealed from, with costs.

The credible evidence adduced at the traverse hearing established that the "nailing" of process was to the front door of a house in which the respondent had a separate, distinct and clearly marked office entrance at the side of the building. Such did not, therefore, comply with CPLR 308 (4) which requires affixation to the door of the "actual place of business". Further, the respondent's testimony established...

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