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GURNEE v. NORTHERN RADIOLOGY ASSOCS.

241 A.D.2d 922 (1997)

661 N.Y.S.2d 386

Barbara S. Gurnee et al., Respondents, v. Northern Radiology Associates, P. C., et al., Defendants, and Allen J. Ball, Appellant

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

July 3, 1997

Order unanimously affirmed without costs.

Memorandum:

Plaintiffs timely commenced this medical malpractice action by filing a summons and complaint on January 17, 1995. Plaintiffs were unable to effect personal service because Allen J. Ball, M.D. (defendant), had retired from the practice of medicine and moved from New York. They obtained an order allowing service upon defendant by publication. Anticipating that they would be unable to effect service within...

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