Legal Opinion
Schurr v. Fillebrown
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 1989PublishedCited by 7 opinions
1Opinion of the Court
— In an action to recover damages for podiatric malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Dachenhausen, J.), entered August 17, 1987, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).
Ordered that the order is affirmed, with costs.
It is not refuted that, although plaintiffs process server *624delivered a summons with notice to a person of suitable age and discretion at defendant’s actual place of business, he thereafter mailed a copy to an address at which defendant had not resided for six years,…
2Cases cited4 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Macchia v. RussoNew York Court of Appeals · 1986
- Gilbert v. LehmanAppellate Division of the Supreme Court of the State of New York · 1979
- Sapienza v. HaagAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by7 opinions
- Foster v. CraninAppellate Division of the Supreme Court of the State of New York · 1992
- Broomes-Simon v. KlebanowAppellate Division of the Supreme Court of the State of New York · 1990
- Vid v. KaufmanAppellate Division of the Supreme Court of the State of New York · 2001
- Ainbinder v. R.C.R. Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- New York State Higher Education Services Corp. v. PerchikAppellate Division of the Supreme Court of the State of New York · 1994
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