Giannizzero v. Herzel

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dunkin, J.), dated August 10, 1989, which denied her motion for leave to serve a summons upon proposed defendant David D. Lindburgh pursuant to CPLR 308 (5).

Ordered that the order is affirmed, with costs.

On July 21, 1987, the plaintiff was allegedly injured in a collision between a car driven by her sister, the defendant Lynn Giannizzero, and a taxicab operated by the defendant Taman Herzel. It appeared that a passenger, allegedly named David D. Lindburgh, had opened…