91 A.D.2d 1064 | N.Y. App. Div. | 1983
— In a medical malpractice action to recover damages for wrongful death, etc., plaintiff appeals from (1) an order of the Supreme Court, Queens County (Lerner, J.), dated May 27, 1981, which granted the motion of the defendants Eckstein, Shulman and Hochstim to vacate a prior ex parte order of the same court directing that expedient service be made upon those defendants pursuant to CPLR 308 (subd 5), and (2) an order of the same court (Buschmann, J.), dated March 29, 1982 which, inter alia, dismissed the complaint against defendants Eckstein, Schulman and Hochstim pursuant to CPLR 3211 (subd [a], par 5) as barred by the applicable Statute of Limitations. Orders affirmed, with one bill of costs. Plaintiff moved without notice for an order pursuant to CPLR 308 (subd 5) directing expedient service by delivery and mailing of a copy of the summons and complaint to the “last known business address” of the individual defendants Eckstein, Schulman and Hochstim. CPLR 308 (subd 5) authorizes expedient service “in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section”, which provide for