BYRNES v. SCOTT


167 A.D.2d 155 (1990)

John Byrnes, Appellant, v. W. Norman Scott, Respondent, et al., Defendant

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

November 8, 1990


On or about February 27, 1981, when the underlying medical malpractice action was commenced by the plaintiff against defendants Dr. W. Norman Scott and Lenox Hill Hospital, CPLR 308 (2) required that service of the summons on a person of suitable age and discretion at a defendant's place of business be followed by "mailing the summons to the person to be served at his last known residence." In 1987, the statute was amended (L 1987, ch 115) to permit the mailing to be made...

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