From Casetext: Smarter Legal Research

Key Bank USA v. Klein

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 688 (N.Y. App. Div. 1997)

Summary

In Lombardo v New York Univ. Med. Ctr. (243 AD2d 688 [2d Dept 1997]), the plaintiff, an undertaker, claimed that he cut his finger on an exposed piece of plastic tubing negligently left in the body of a man who had AIDS.

Summary of this case from O'SULLIVAN v. DUANE READE, INC.

Opinion

October 27, 1997

Appeals from Supreme Court, Rockland County (Meehan, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court's determination that the testimony of the process server was credible is entitled to substantial deference on appeal ( Federal Natl. Mtge. Assn. v. Roth, 240 A.D.2d 466; Citibank, N. A. v. Baronat, 238 A.D.2d 369; McCray v. Petrini, 212 A.D.2d 676). Based on that testimony the Supreme Court properly determined that personal jurisdiction was obtained over the appellant pursuant to CPLR 308 (2).

Mangano, P.J., Rosenblatt, Pizzuto and Luciano, JJ., concur.


Summaries of

Key Bank USA v. Klein

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 688 (N.Y. App. Div. 1997)

In Lombardo v New York Univ. Med. Ctr. (243 AD2d 688 [2d Dept 1997]), the plaintiff, an undertaker, claimed that he cut his finger on an exposed piece of plastic tubing negligently left in the body of a man who had AIDS.

Summary of this case from O'SULLIVAN v. DUANE READE, INC.
Case details for

Key Bank USA v. Klein

Case Details

Full title:KEY BANK USA, N. A., Respondent, v. MOSHE KLEIN, Appellant, et al.…

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

Date published: Oct 27, 1997

Citations

243 A.D.2d 688 (N.Y. App. Div. 1997)
664 N.Y.S.2d 569

Citing Cases

O'SULLIVAN v. DUANE READE, INC.

There, the Court held that the nurse could maintain a cause of action for negligent infliction of emotional…

Home Federal Savings Bank v. Mahood

videntiary burden at the hearing to determine the propriety of service of process ( see, Meagher v. ARA…