Federal Home Loan Mortgage Corp. v. Venticinque
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J. P.
The appellant, Carmine Venticinque, resided with his wife in the marital home both before and after the date on which the summons and complaint in this action were served upon him in accordance with the terms of CPLR 308 (2). We hold that, under these circumstances, the marital home remained at all times his "usual place of abode” for the purposes of applying CPLR 308 (2), including that period of time during which he temporarily resided at another location as a result of unspecified marital difficulties. The order appealed from should therefore be affirmed.
Th…
2Cases cited12 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Berryhill v. SeppSupreme Court of Minnesota · 1909
- Cohen v. LevyAppellate Division of the Supreme Court of the State of New York · 1975
- Kueffner v. GottfriedSupreme Court of Minnesota · 1922
- Missouri, Kansas & Texas Trust Co. v. NorrisSupreme Court of Minnesota · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- CSC Holdings, Inc. v. FungDistrict Court, E.D. New York · 2004
- Argent Mortgage Co. v. VlahosAppellate Division of the Supreme Court of the State of New York · 2009
- Vitello v. RizzoAppellate Division of the Supreme Court of the State of New York · 2002
3 more not listed; retrieve them via the Exa API.