Giordano v. McMurtry

This matter was remanded for a hearing to determine, inter alia, whether defendant McMurtry gave his consent to permit a hospital administrator, named Tuxbury, to accept service on his behalf (72 AD2d 507). The special referee found that there was no evidence that defendant McMurtry had given such consent. It should be stressed that the special referee denied plaintiffs’ request for a continuance of the hearing so that Tuxbury could be subpoenaed to testify on the issue of consent. Upon the motion to confirm, Special Term found that plaintiffs should have been given the opportunity to call…