GLASSER v. KELLER


149 Misc.2d 875 (1991)

Paul Glasser et al., Plaintiffs, v. Marvin Keller et al., Defendants.

Supreme Court, Queens County.

February 1, 1991


Attorney(s) appearing for the Case

Goldstick, Weinberger, Feldman & Grossman, P. C. (Sidney B. Weinberger of counsel), for plaintiffs. Belair & Evans (Lawrence B. Weinberger of counsel), for K. V. Sastry, defendant.


ARTHUR W. LONSCHEIN, J.

This action presents the question of whether a hospital, wherein a private surgeon has privileges and performs operations but by which he is not employed, constitutes his "actual place of business" for purposes of effecting service of process pursuant to CPLR 308 (2). The court holds that it does not, and the complaint as against the defendant K. Venkata Krishnasastry, sued here as Dr. K. V. Sastry, is served and dismissed.

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