Appellate Division of the Supreme Court of New York, 1995

Ellenbogen & Goldstein, P. C. v. Brandes

Ellenbogen & Goldstein, P. C. v. Brandes
Appellate Division of the Supreme Court of New York · Decided May 11, 1995
215 A.D.2d 226; 626 N.Y.S.2d 160; 1995 N.Y. App. Div. LEXIS 5008
Ellenbogen & Goldstein, P. C. v. Brandes

Opinion of the Court

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about March 17, 1994, which, after a traverse hearing, granted plaintiffs motion to dismiss defendant’s affirmative defense of lack of personal jurisdiction, unanimously affirmed, without costs.

Valid personal service under CPLR 308 (1) was made where plaintiffs process server left the summons and complaint outside defendant’s apartment door, at her request, after she refused to open the door to accept the papers (Bossuk v Steinberg, 58 NY2d 916, 918). Concur—Rosenberger, J. P., Ross, Nardelli and Tom, JJ.

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