Legal Opinion

Daks Leasing Corp. v. Connell

New York District Court

Decided January 25, 1989Published

1Opinion of the Court

OPINION OF THE COURT

Charles G. Heine, J.

Defendant’s motion for an order pursuant to CPLR 3211 (a) *355(8) dismissing the complaint on the basis that the court has no personal jurisdiction over the defendant is granted.

The. summons and complaint in this action were served upon the manager of the trailer park where the defendant’s trailer is located, but at a trailer other than the one where the defendant resided. Plaintiff contends that personal service was sufficiently made upon the defendant pursuant to CPLR 308 (2). This court disagrees.

CPLR 308 (2) provides that personal service upon a natural…

2Cases cited3 opinions

  1. F. I. duPont, Glore Forgan & Co. v. ChenNew York Court of Appeals · 1977
  2. Roldan v. ThorpeAppellate Division of the Supreme Court of the State of New York · 1986
  3. Family Finance Corp. v. CanuelasCivil Court of the City of New York · 1978

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