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SWEDA v. GORDON

151 A.D.2d 740 (1989)

Francis H. Sweda, Individually and as Administrator of The Estate of Margaret M. Sweda, Deceased, Appellant, v. Robert Gordon, Defendant, and New York Hospital, Respondent

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

June 26, 1989

Ordered that the orders are affirmed, with one bill of costs.

The crucial issue at the hearing was whether Dr. Donna Moreau, whom the plaintiff alleged was the agent of the defendant hospital authorized to accept service of process (see, CPLR 311 [1]), was personally served with process on July 15, 1985. The plaintiff relied on the affidavit of the process server to the effect that Dr. Moreau was personally served on July 15, 1985. Dr. Moreau, who was not a...

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