Stevens v. Feitknecht

Order unanimously reversed, with costs, and motion granted. Memorandum: Plaintiff commenced the instant lawsuit in accordance with the “Nail & Mail” method of service (CPLR 308, subd 4). Defendant’s second affirmative defense alleges lack of personal jurisdiction based on defective service. Plaintiff moved to dismiss this defense (CPLR 3211, subd [b]). Defendant’s sole argument in opposition to the motion was that the affidavit of service was defective because it contained “no showing” that the address in question was defendant’s actual dwelling place or last known address. This argument is…