Legal Opinion
Feinstein v. Bergner
New York Court of Appeals
Decided October 23, 1979PublishedCited by 199 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
Plaintiffs appeal from an order of the Appellate Division which dismissed their complaint for failure properly to serve the defendant with process.1 The outcome of their appeal depends upon the correct interpretation of CPLR 308 (subd 4), which permits substitute service by "affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode * * * of the person to be served” and by "mailing the summons to such person at his last known residence”.
The case arises out of an automobile accident which occurred on April 2,…
2Cases cited10 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Dobkin v. ChapmanNew York Court of Appeals · 1968
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Chalk v. Catholic Medical Center of BrooklynAppellate Division of the Supreme Court of the State of New York · 1977
- Rich Products Corp. v. DiamondNew York Supreme Court · 1966
5 more not listed; retrieve them via the Exa API.
3Cited by199 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Macchia v. RussoNew York Court of Appeals · 1986
- Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Estate of Waterman v. JonesAppellate Division of the Supreme Court of the State of New York · 2007
194 more not listed; retrieve them via the Exa API.