Giordano v. McMurtry

Order, Supreme Court, New York County, entered July 31, 1979, which, inter alia, granted plaintiffs’ motion to confirm the report of the referee and dismissed the affirmative defense of lack of jurisdiction, unanimously reversed, on the law, the motion to confirm the report of the referee denied, and complaint against defendant-appellant Carmel dismissed, with costs. This is a malpractice action arising out of the death of plaintiff’s decedent. The attempted service upon Dr. Carmel was accomplished by a process server leaving a copy of the summons with a hospital administrator at Columbia…