Public Administrator v. Markowitz

Order Supreme Court, New York County (Ira Gammerman, J.), entered December 1, 1988, denying defendant Peter Green’s motion to dismiss for lack of personal jurisdiction, and dismissing an affirmative defense, unanimously affirmed, without costs.

In this medical malpractice action, the conflicting testimonies of the process server and of the defendant at the traverse hearing were not so irreconcilable as to foreclose a determination based upon an evaluation of the credibility of the witnesses. All that is required under CPLR 308 (2), with respect to personal service, is that process be served…