Opinion
February 25, 1999
Appeal from the Supreme Court, New York County (Stuart Cohen, J.). and Justice entered November 6, 1997, which granted defendant's motion to confirm a Special Referee's report recommending dismissal of the complaint for lack of personal jurisdiction over the defendant due to improper service, unanimously affirmed, without costs. Appeal from the order of November 6, 1997 unanimously dismissed, without costs, as subsumed within the appeal from the judgment.
Plaintiff failed to establish jurisdiction over defendant pursuant to CPLR 308 (2) in that it failed to establish that the process server was denied access to the building thereby necessitating service of process on a doorman or superintendent ( see, McCormack v. Goldstein, 204 A.D.2d 121, lv denied 85 N.Y.2d 801). Plaintiff also failed to establish that the summons was mailed to the correct address ( see, Foster v. Cranin, 180 A.D.2d 712).
Concur — Rosenberger, J. P., Ellerin, Williams and Andrias, JJ.