David v. Moyer

— In an action for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Kings County (Golden, J.), dated April 20, 1987, which canceled a notice of pendency of the action filed on December 19, 1986.

Ordered that the order is affirmed, with costs.

The nail and mail service of the summons and complaint at the last known address of the defendant Glenn Moyer (the only party purportedly served) was jurisdictionally defective under CPLR 308 which requires such service to be made at the person’s "actual place of business, dwelling…