Legal Opinion
Santangelo, Inc. v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 1994PublishedCited by 4 opinions
1Opinion of the Court
In an action to foreclose upon a mechanic’s lien, the plaintiff appeals from an *464order of the Supreme Court, Suffolk County (Gowan, J.), dated August 28, 1992, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff’s contention, the Supreme Court properly determined that service upon the defendant was defective because the substituted method of service was not effected at the defendant’s actual dwelling place or usual place of abode (see, CPLR 308 [4]; Burkhardt v Cuccuzza, 81 AD2d…
2Cases cited3 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Esposito v. BillingsAppellate Division of the Supreme Court of the State of New York · 1984
- Burkhardt v. CuccuzzaAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by4 opinions
- European American Bank & Trust Co. v. SerotaAppellate Division of the Supreme Court of the State of New York · 1997
- Merchants Insurance Group v. CoutrierAppellate Division of the Supreme Court of the State of New York · 2009
- Bank of New York v. VandermeulenAppellate Division of the Supreme Court of the State of New York · 2004
- Hudson Val. Bank, N.A. v. Eagle TradingAppellate Division of the Supreme Court of the State of New York · 2022