ZEGO v. BRUHN


67 N.Y.2d 875 (1986)

Barbara De Zego et al., Appellants, v. Donald F. Bruhn, M. D., P. C., et al., Defendants, and Albert Tydings, M. D., P. C., Respondent.

Court of Appeals of the State of New York.

Decided March 20, 1986.


Attorney(s) appearing for the Case

Kathleen M. Beckett for appellants.

John D. Kelly, Stephen P. Burke, Robert J. Walker and John F. Hastings for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur; Judge TITONE taking no part.


MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

We agree with the Appellate Division that plaintiffs failed to meet their burden of proving service outside the State (see, CPLR 313) pursuant to CPLR 308 (1). The affidavits of service are devoid of the requisite factual and descriptive information to show that plaintiffs' summons...

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