Sparacino v. Winner

Order, Supreme Court, New York County (Blangiardo, J.), entered August 28,1980, which order denied the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5), Statute of Limitations, and CPLR 3211 (subd [a], par 8), no jurisdiction of the person, reversed on the law, and the motion to dismiss the complaint granted, without costs. This is a malpractice case, which the plaintiff attempted to commence in May, 1980 by service of a summons on the nurse employed by the defendant physician at his office. The court at Special Term sustained the service on the ground that…