Kelly Kim v. Coleman

56 A.D.2d 259, 866 N.Y.S.2d 570

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 6, 2008
• Status: Published

Opinion

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered January 16, 2008, which, in an action for medical malpractice, granted defendant’s motion pursuant to CFLR 3211 (a) (8) to dismiss the complaint to the extent of ordering a traverse hearing, unanimously affirmed, without costs.

A traverse hearing was properly ordered in light of the conflicting accounts provided by plaintiffs process server, and defendant and his office manager, regarding how and whether service was properly effectuated upon defendant (see Ananda Capital Partners v Stav Elec. Sys. [1994], 301 AD2d 430 [2003]). Concur—Andrias, J.E, Saxe, Gonzalez, Catterson and Acosta, JJ.