Legal Opinion
Lukash v. O'Connell
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1988PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Special Term properly dismissed the complaint for lack of personal jurisdiction (CPLR 3211 [a] [8]). Plaintiffs, through their agent the Niagara County Sheriff, did not effect substituted service under CPLR 308 (4) because, at the time service was attempted, the statute required that the summons be mailed to a defendant’s "last known residence” (cf, L 1987, ch 115, § 1). Here the summons was mailed only to each defendant’s business address (see, Feinstein v Bergner, 48 NY2d 234, *958239; Chalk v Catholic Med. Center, 58 AD2d 822).…
2Cases cited10 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
- Markoff v. South Nassau Community HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Calloway v. National Services Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- PacAmOr Bearings, Inc. v. FoleyAppellate Division of the Supreme Court of the State of New York · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schwartzman v. MussoAppellate Division of the Supreme Court of the State of New York · 1994
- Bank Hapoalim v. Kotten Machine Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Frisillo v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Opn. No., New York Attorney General Reports1993