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DONNELLY v. ST. LUKE'S ROOSEVELT HOSP. CTR.

191 A.D.2d 343 (1993)

596 N.Y.S.2d 2

John Donnelly et al., Appellants, v. St. Luke's Roosevelt Hospital Center et al., Defendants, and Paul I. Tomljanovich, Respondent

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

March 23, 1993

In dismissing the action as against defendant-respondent for lack of jurisdiction, the IAS Court credited the testimony of his secretary that no process server had been to the office on the date of the alleged service. This determination of credibility rested upon a fair interpretation of the evidence, inasmuch as there were significant discrepancies between the testimony of plaintiffs' process server especially in regard to the...

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