Busini v. Mandelli

Full title: CHRISTINE BUSINI, Appellant, v. VANNI MANDELLI, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 17, 1992

181 A.D.2d 535 (N.Y. App. Div. 1992)

581 N.Y.S.2d 41

Opinion

March 17, 1992

Appeal from the Supreme Court, New York County (Louis I. Kaplan, J.H.O.).

The Judicial Hearing Officer's determination that service was not properly made pursuant to CPLR 308 (2) should not be disturbed where a reasonable view of the evidence supports defendant's contention that the apartment building at which the summons and complaint were left was no longer, at the time of such service, his dwelling place or usual place of abode (see, 67 Wall St. Co. v Franklin Natl. Bank, 44 A.D.2d 825, affd 37 N.Y.2d 245).

Concur — Milonas, J.P., Wallach, Kassal and Rubin, JJ.