Billings v. Southside Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a medical malpractice action, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated March 29, 1985, which, after a hearing, dismissed the action as against the defendant Norman L. Chernick for lack of jurisdiction over his person.
Order affirmed, with costs.
The issue at the hearing was whether or not the defendant Dr. Chernick was personally served with a summons and complaint at his office in Bay Shore on August 4, 1983.
The testimony on this issue was conflicting and presented a pure question of credibility which was resolved in favor of Dr.…
2Cases cited3 opinions
- Altman v. WallachAppellate Division of the Supreme Court of the State of New York · 1984
- Feeney v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1985
- Occhiuzzi v. OcchiuzziAppellate Division of the Supreme Court of the State of New York · 1985
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