Legal Opinion
Foster v. Cranin
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 1992PublishedCited by 9 opinions
1Opinion of the Court
In a dental malpractice action, the plaintiff appeals from an order of the Supreme Court, Kings County (Levine, J.), dated May 7, 1990, which granted the defendant’s motion for summary judgment dismissing the complaint due to improper service of process.
Ordered that the order is affirmed, with costs.
After service was made upon a person of suitable age and discretion at the office of the defendant dentist, process was purportedly mailed to the office. However, since it was mailed to an incorrect and incomplete address, and CPLR 308 (2) is to *713be strictly construed (Macchia v Russo, 67 NY2d…
2Cases cited3 opinions
- Macchia v. RussoNew York Court of Appeals · 1986
- Brownell v. FeingoldAppellate Division of the Supreme Court of the State of New York · 1981
- Schurr v. FillebrownAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by9 opinions
- McCray v. PetriniAppellate Division of the Supreme Court of the State of New York · 1995
- Avakian v. De Los SantosAppellate Division of the Supreme Court of the State of New York · 1992
- Ludmer v. HasanAppellate Division of the Supreme Court of the State of New York · 2006
- New York City Housing Authority v. FountainCivil Court of the City of New York · 1997
- O'Donnell v. KayeCourt of Appeals of Wisconsin · 2014
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