New York State Higher Education Services Corp. v. Perchik

—Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: Supreme Court erred in failing to dismiss the complaint based on lack of personal jurisdiction. Plaintiff purported to serve defendant pursuant to CPLR 308 (2), which requires delivery of the summons "to a person of suitable age and discretion at the actual * * * dwelling place or usual place of abode”. The sworn statement of defendant that he did not reside at the address where the process server purported to have served defendant by serving defendant’s father was…