Family Finance Corp. v. Canuelas

OPINION OF THE COURT

Herman Cahn, J.

Are the public stairways and halls in an apartment house the tenant’s "dwelling place or * * * abode” for the purpose of alternative service of process, pursuant to CPLR 308 (subd 2)? Plaintiff here argues that they are, analogizing this case to that of duPont, Glore Forgan & Co. v Chen (41 NY2d 794). The court thinks and finds that they are not, and grants the motion to dismiss as to the moving defendant.

At the hearing on the traverse, the process server testified that as he was ascending the stairs to defendant Digna Cañuelas’ apartment, he met a woman…