Messina v. St. Paul's High School
Opinion of the Court
In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Collins, J.), entered October 6, 1987, which, after a hearing, denied his motion to strike the affirmative defense of lack of personal jurisdiction asserted in the answer of the defendant Williams and granted the cross motion of that defendant to dismiss the complaint as against him.
Ordered that the order is affirmed, with costs.
The evidence was sufficient to support the hearing court’s determination that service was not made at the respondent’s "dwelling place or usual place of abode” pursuant to CPLR 308 (2) (see, Feinstein v Bergner, 48 NY2d 234; Chiari v D’Angelo, 123 AD2d 655).
The plaintiff did not contend before the hearing court that
Case-law data current through December 31, 2025. Source: CourtListener bulk data.