Byrnes v. Scott

Order, Supreme Court, New York County (Stanley Sklar, J.), entered on November 21, 1989, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint for lack of personal jurisdiction, unanimously affirmed, without costs.

On or about February 27, 1981, when the underlying medical malpractice action was commenced by the plaintiff against defendants Dr. W. Norman Scott and Lenox Hill Hospital, CPLR 308 (2) required that service of the summons on a person of suitable age and discretion at a defendant’s place of business be followed by "mailing the summons to the…