—[*1] McAloon & Friedman, P.C., New York (Timothy J. O'Shaughnessy of counsel), for appellant.

DeSimone, Aviles, Shorter & Oxamendi LLP, New York (Louise M. Cherkis of counsel), for respondents.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered January 16, 2008, which, in an action for medical malpractice, granted defendant's motion pursuant to CPLR 3211 (a) (8) to dismiss the complaint to the extent of ordering a traverse hearing, unanimously affirmed, without costs.

A traverse hearing was properly ordered in light of the conflicting accounts provided by plaintiff's process server, and defendant and his office manager, regarding how and whether service was properly effectuated upon defendant (see Ananda Capital Partners v Stav Elec. Sys. [1994], 301 AD2d 430 [2003]). Concur—Andrias, J.P., Saxe, Gonzalez, Catterson and Acosta, JJ.