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MUNTZ v. SMAILY

118 N.J. Super. 80 (1972)

286 A.2d 515

OLGA MUNTZ, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ORVELL MUNTZ, AND OLGA MUNTZ, GENERAL ADMINISTRATRIX OF THE ESTATE OF ORVELL MUNTZ, AND OLGA MUNTZ, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. MANUCHEHR SMAILY, M.D., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 1972.

Attorney(s) appearing for the Case

Mr. Leonard Rosenstein argued the cause for appellant (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Mr. Jerry M. Finn argued the cause for respondents (Messrs. Goldberger, Siegal and Finn, attorneys; Mr. Sheldon A. Siegel, on the brief).

Before Judges KILKENNY, LABRECQUE and LANE.

The opinion of the court was delivered by KILKENNY, P.J.A.D.

In this medical malpractice action plaintiff obtained an order on January 12, 1971 allowing her to effect service of the summons and complaint upon the defendant doctor now living in Teheran, Iran, his native land, by serving, by way of substituted service, the Central National Company of Omaha, an insurance carrier covering the defendant's employer, in accordance with R. 4:4-4(c) and 4:4-5(a). The...

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