Farina v. Brenner

OPINION OF THE COURT

Herbert Kramer, J.

Defendant Doris Brenner moves to dismiss the action for lack of personal jurisdiction pursuant to CPLR 3211 (8) claiming that service upon her husband, Lewis Brenner, did not effectuate proper service upon her.

*97A traverse hearing having been held, the court makes the following findings of fact.

On January 21, 1992, David R. Jerviss, a licensed process server, handed two copies of the summons and complaint to one of the defendants, Lewis Brenner, in front of the premises located at 536 East 8th Street, Brooklyn, New York. Personal service upon Lewis Brenner…