Rosen v. Weinger

— In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Nassau County (Berman, J.), entered August 3, 1984, which granted defendant Zupnick’s motion to dismiss the complaint insofar as it is asserted against him on the ground that jurisdiction had not been obtained, and denied plaintiff’s cross motion to strike defendant Zupnick’s affirmative defense of lack of jurisdiction, or, alternatively, for a traverse hearing.

Order affirmed, with costs.

A plaintiff is entitled to use the so-called "nail and mail” provisions of CPLR 308 (4) only if personal service cannot…