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ABAJIAN v. ST. FRANCIS HOSPITAL

42 A.D.3d 554 (2007)

840 N.Y.S.2d 134

HAGOP ABAJIAN, Respondent, v. ST. FRANCIS HOSPITAL et al., Defendants, and MARC DAVISON, Appellant.

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

Decided July 31, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Marc Davison to dismiss the complaint insofar as asserted against him is granted.

The Supreme Court erred in denying the appellant's motion pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction. The appellant was not properly served pursuant to CPLR 308 (4). The summons and complaint were affixed to the door...

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