Foster v. Cranin

Full title: KITRENA FOSTER, Appellant, v. A. NORMAN CRANIN, Respondent

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

Date published: Feb 18, 1992

180 A.D.2d 712 (N.Y. App. Div. 1992)

579 N.Y.S.2d 742

Opinion

February 18, 1992

Appeal from the Supreme Court, Kings County (Levine, J.).

Ordered that the order is affirmed, with costs.

After service was made upon a person of suitable age and discretion at the office of the defendant dentist, process was purportedly mailed to the office. However, since it was mailed to an incorrect and incomplete address, and CPLR 308 (2) is to be strictly construed (Macchia v. Russo, 67 N.Y.2d 592), the complaint was properly dismissed for improper service of process (see, Schurr v. Fillebrown, 146 A.D.2d 623; cf., Brownell v Feingold, 82 A.D.2d 844). Bracken, J.P., Harwood, Balletta and Copertino, JJ., concur.