Edwards v. Brooklyn Hosp. Ctr.
| Decision Date | 24 August 2022 |
| Docket Number | 2020–03200,Index No. 522212/18 |
| Citation | 208 A.D.3d 755,172 N.Y.S.3d 630 (Mem) |
| Parties | Cecil EDWARDS, et al., respondents, v. BROOKLYN HOSPITAL CENTER, defendant, Nelson Menezes, etc., appellant. |
| Court | New York Supreme Court — Appellate Division |
208 A.D.3d 755
172 N.Y.S.3d 630 (Mem)
Cecil EDWARDS, et al., respondents,
v.
BROOKLYN HOSPITAL CENTER, defendant,
Nelson Menezes, etc., appellant.
2020–03200
Index No. 522212/18
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 17, 2022
August 24, 2022
Dwyer & Taglia, New York, NY (Peter R. Taglia of counsel), for appellant.
Michael F. Newton, Brooklyn, NY, for respondents.
VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, PAUL WOOTEN, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for medical malpractice, etc., the defendant Nelson Menezes appeals from an order of the Supreme Court, Kings County (Ellen M. Spodek, J.), dated February 3, 2020. The order, insofar as appealed from, granted that branch of the plaintiffs’ cross motion which was pursuant to CPLR 306–b to extend the time to serve the defendant Nelson Menezes.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiffs commenced this action on November 2, 2018. On February 25, 2019, the plaintiffs properly served the summons with notice upon the defendant Brooklyn Hospital Center, and, relying on a hospital clerk's representation that she could accept legal papers on behalf of the defendant Nelson Menezes, the plaintiffs attempted
to serve Menezes by leaving the summons with notice with the clerk.
On June 3, 2019, Menezes moved pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him, arguing that he was not properly served. In support of his motion, Menezes submitted, among other things, an affidavit in which he averred that while he was an attending physician at Brooklyn Hospital Center, he did not maintain an office at the hospital. Menezes further asserted that he maintains two offices in Brooklyn, one located on Willoughby Street and the other located on Joralemon Street. Thereafter, the plaintiffs attempted to serve Menezes at his office located on Willoughby Street on July 29, 2019, and cross-moved, inter alia, pursuant to CPLR...
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