Bossuk v. Steinberg

I agree with the dissenting memorandum. of Justice Lupiano and I would add the following comments.

For purposes of this discussion, all questions of credibility will be resolved in plaintiffs’ favor. Thus, it will be assumed that defendant instructed his children not to accept service. It will be also assumed that the children picked up the summons and complaint and turned them over to defendant. The more narrow issue thus presented is whether the children’s evasiveness may be charged to defendant so as to validate service that is otherwise deficient under CPLR 308 (subd 2).

Generally, where a…