Montes v. Seda

OPINION OF THE COURT

Edward H. Lehner, J.

The question posed by plaintiff’s motion to strike defendant’s affirmative defense of lack of personal jurisdiction is whether service upon defendant at a time when she is incarcerated in a State correctional facility may be made upon her pursuant to CPLR 308 (2) at the "dwelling place or usual place of abode” occupied by her prior to imprisonment.

Here the parties were allegedly involved in an automobile accident on December 1, 1989. Service upon defendant was purportedly made on October 30, 1991 by serving her adult daughter at 818 Tenth Avenue in…