Donohue v. La Pierre

OPINION OF THE COURT

Harold J. Hughes, J.

The court holds that the phrase “last known residence” used in CPLR 308 (subd 2) is synonymous with the term “last known address”, and that the failure to use the correct post-office address in mailing process to defendant results in the court not obtaining personal jurisdiction of the party upon whom service has been attempted.

This action is brought by plaintiff to recover for personal injuries she allegedly sustained on December 20, 1978, when her vehicle collided with an automobile owned and operated by defendant. The attempted service of process was…