Summary
In Montes, the First Department held that service of a copy of the summons and complaint to the defendant's daughter at the address listed on her driver's license was sufficient even though defendant was serving an 18-month prison sentence at the time of service (id.).
Summary of this case from JP Morgan Chase Bank, N.A. v. PetersOpinion
October 6, 1994
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
We agree with the IAS Court that the Manhattan address where plaintiff delivered a copy of the summons and complaint to defendant's daughter was defendant's "usual place of abode" within the meaning of CPLR 308 (2), as evidenced by the listing of that address on defendant's driver's license and the proof that she kept her belongings there. A different conclusion is not required by the fact that defendant was in prison serving an 18-month sentence at the time of such service, or that she may have lived with her boyfriend for several months before going to prison (see, Bernardo v. Barrett, 87 A.D.2d 832, affd 57 N.Y.2d 1006). We also agree with the IAS Court that Correction Law § 620 merely authorizes an alternative method of service on a prisoner. We have considered defendant's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Carro, Rosenberger, Wallach and Rubin, JJ.