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Glover v. Jack D. Weiler Hospital

Appellate Division of the Supreme Court of New York, First Department
Dec 15, 1998
256 A.D.2d 137 (N.Y. App. Div. 1998)

Opinion

December 15, 1998

Appeal from the Supreme Court, Bronx County (Kenneth Thompson, Jr., J.).


As it was clear that plaintiff had served the subject summons upon defendant-appellant Montefiore Medical Center at the address where it operates a hospital and that the process served adequately apprized Montevideo Medical Center of plaintiffs intention to join it in the within action, leave to correct the summons, evidently incorrectly naming Albert Einstein College of Medicine as the entity sued, so as to identify the entity sued instead as Montefiore Medical Center, was properly granted pursuant to CPLR 305 (c) ( see, Connell v. Hayden, 83 A.D.2d 30, 36; see also, Houghtalen v. Norstar Bank, 191 A.D.2d 371).

Defendant-appellant's challenge to the validity of the service of the summons must await the outcome of the traverse hearing.

Concur — Lerner, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.


Summaries of

Glover v. Jack D. Weiler Hospital

Appellate Division of the Supreme Court of New York, First Department
Dec 15, 1998
256 A.D.2d 137 (N.Y. App. Div. 1998)
Case details for

Glover v. Jack D. Weiler Hospital

Case Details

Full title:THORNTON GLOVER, Respondent, v. JACK D. WEILER HOSPITAL OF THE ALBERT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 15, 1998

Citations

256 A.D.2d 137 (N.Y. App. Div. 1998)
681 N.Y.S.2d 508

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