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EDWARDS v. BROOKLYN HOSP. CTR.

2020-03200. Index No. 522212/18.

208 A.D.3d 755 (2022)

172 N.Y.S.3d 630

2022 NY Slip Op 05022

Cecil Edwards et al., Respondents, v. Brooklyn Hospital Center, Defendant, and Nelson Menezes, Appellant.

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

Decided August 24, 2022.

Attorney(s) appearing for the Case

Dwyer & Taglia, New York, NY ( Peter R. Taglia of counsel), for appellant.

Michael F. Newton , Brooklyn, NY, for respondents.

Brathwaite Nelson, J.P., Rivera, Wooten and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action on November 2, 2018. On February 25, 2019, the plaintiffs properly served the summons with notice upon the defendant Brooklyn Hospital Center, and, relying on a hospital clerk's representation that she could accept legal papers on behalf of the defendant Nelson Menezes, the plaintiffs attempted to serve Menezes by leaving the summons with notice with the clerk...

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