Justice William Rebolini
Patient Schiacchitano sued to recover damages in this alleged medical malpractice action. At her deposition, Dr. Budnick claimed Dr. Phillibert participated in plaintiff’s management before and during her C-section, and that it was during the C-section her bladder was perforated. Service upon Phillibert was effected under CPLR 308(2) at SUNY Stony Brook University Hospital, but he claimed he lived and practiced medicine in Pennsylvania since 2011. Thus, service of the summons and complaint was made on Phillibert by delivery to Deborah Fisher at Risk Management. The process server’s affidavit noted he was informed it was company policy that all legal documents, even for doctors, go to risk management at a certain address, to Fisher, who stated she could accept service on Phillibert’s behalf. Phillibert denied receipt of the summons and complaint, hence, the court found, upon the record, service on Fisher on Phillibert’s behalf was improper. Yet, it ruled plaintiff demonstrated reasonably diligent efforts were made in attempting proper and timely service of process on Phillibert, and showed good cause. The court stated the action was timely commenced, and Phillibert had actual notice, thus, an extension of time was warranted.
