Legal Opinion

Criscitiello v. Alcala

New York Supreme Court

Decided June 10, 2008PublishedCited by 1 opinion

1Opinion of the Court

*590OPINION OF THE COURT

Joseph J. Maltese, J.

The defendant Dr. Carlos Alcala’s motion to dismiss the complaint based upon plaintiffs failure to obtain personal jurisdiction over him is denied. An anesthesiologist is estopped from asserting improper service of process when his staff member, rather than accept the service at his actual place of business, directs the process server to the legal office of the hospital across the street where the doctor maintains another office in the Department of Anesthesia of the hospital.

Facts

The defendant, Dr. Alcala, an anesthesiologist, is an employee of…

2Cases cited6 opinions

  1. Mduba v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 1976
  2. Raschel v. RishNew York Court of Appeals · 1986
  3. Leab v. StreitDistrict Court, S.D. New York · 1984
  4. Glasser v. KellerNew York Supreme Court · 1991
  5. New York State Higher Education Services Corp. v. SrebrenikCivil Court of the City of New York · 1990

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3Cited by1 opinion

  1. Rivera v. Corrections Officer L. BanksAppellate Division of the Supreme Court of the State of New York · 2016

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