Todd v. Todd

This motion to vacate service of summons and complaint by substituted service, vacate the judgment entered on such service and dismiss the complaint for lack of jurisdiction over defendant’s person is in all respects granted. The ex parte application by plaintiff for a nunc pro tunc order pursuant to CPLE 308 (subd. 4) is denied. The affidavit of J. Norman Steinruck, Jr., which plaintiff has not sought to controvert by any affidavit of his process server or anyone else, conclusively demonstrates that defendant did not reside at the G-len Head address at the time the process server swore he…