Opinion
No. 570960/11.
2012-06-26
Leroy KEELS, Plaintiff–Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Defendant–Appellant.
Defendant, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered March 17, 2011, which denied its motion to dismiss the complaint for lack of personal jurisdiction, and an order (same court and Judge), entered July 21, 2011, which, upon reargument, set the matter down for a traverse hearing.
Present: LOWE, III, P.J., SHULMAN, TORRES, JJ.
PER CURIAM.
Order (Raul Cruz, J.), entered July 21, 2011, affirmed with $10 costs. Appeal from order (same court and Judge), entered March 17, 2011, dismissed, without costs, as superseded by the appeal from the July 21, 2011 order.
A traverse hearing was properly ordered in light of the conflicting affidavits regarding how and whether service was properly effectuated upon defendant Housing Authority ( see Ananda Capital Partners v. Stav Elec. Sys. [1994], 301 A.D.2d 430 [2003] ). It was not definitively shown, on this record, that service of the summons and endorsed complaint upon defendant at the housing development here involved was improper as a matter of law ( seeCPLR 311[a] [1] ); Matter of Ware v. Manhattan & Bronx Surface Tr. Operating Auth., 49 Misc.2d 704, 706 [1965];see generallySiegel, N.Y. Prac § 70, at 116 [5th ed]; see also Calix v. New York City Hous. Auth., 234 A.D.2d 232 [1996] ).