Diamond v. Acker

Appellate Division of the Supreme Court of New York

Diamond v. Acker

78 A.D.2d 546, 432 N.Y.S.2d 34, 1980 N.Y. App. Div. LEXIS 12885

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 1980

StatusPublished

Cited by3 cases

This text of 78 A.D.2d 546 (Diamond v. Acker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diamond v. Acker, 78 A.D.2d 546, 432 N.Y.S.2d 34, 1980 N.Y. App. Div. LEXIS 12885 (N.Y. Ct. App. 1980).

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Opinion

In a medical malpractice action, plaintiffs appeal from (1) an order of the Supreme Court, Nassau County, dated December 17, 1979, which, after a hearing, determined that service of process had not been effected upon the defendant and (2) a further order of the same court, dated December 19, 1979, which, upon the aforesaid determination, inter alia, dismissed the complaint. Orders reversed, without costs or disbursements, and action remitted to the Supreme Court, Nassau County, for a new hearing and determination in accordance herewith. The records of the Lydia E. Hall Hospital should have borne a certification or have been qualified by a witness as evidence before they were accepted by the court (see CPLR 4518, [547]*547subd [c]; Nelson v X-Ray Systems, 46 AD2d 995; Ward v Thistleton, 32 AD2d 846). Hopkins, J. P., Mangano, O’Connor and Weinstein, JJ., concur.

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In a medical malpractice action, plaintiffs appeal from (1) an order of the Supreme Court, Nassau County, dated December 17, 1979, which, after a hearing, determined that service of process had not been effected upon the defendant and (2) a further order of the same court, dated December 19, 1979, which, upon the aforesaid determination, inter alia, dismissed the complaint. Orders reversed, without costs or disbursements, and action remitted to the Supreme Court, Nassau County, for a new hearing and determination in accordance herewith. The records of the Lydia E. Hall Hospital should have borne a certification or have been qualified by a witness as evidence before they were accepted by the court (see CPLR 4518, [547]*547subd [c]; Nelson v X-Ray Systems, 46 AD2d 995; Ward v Thistleton, 32 AD2d 846). Hopkins, J. P., Mangano, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 546, 432 N.Y.S.2d 34, 1980 N.Y. App. Div. LEXIS 12885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diamond-v-acker-nyappdiv-1980.

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