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Foster v. Cranin

180 A.D.2d 712, 579 N.Y.S.2d 742, 1992 N.Y. App. Div. LEXIS 2646
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 18, 1992
StatusPublished
Cited by9 cases

This text of 180 A.D.2d 712 (Foster v. Cranin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Foster v. Cranin, 180 A.D.2d 712, 579 N.Y.S.2d 742, 1992 N.Y. App. Div. LEXIS 2646 (N.Y. Ct. App. 1992).

Opinion

In a dental malpractice action, the plaintiff appeals from an order of the Supreme Court, Kings County (Levine, J.), dated May 7, 1990, which granted the defendant’s motion for summary judgment dismissing the complaint due to improper service of process.

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 [713]*713be strictly construed (Macchia v Russo, 67 NY2d 592), the complaint was properly dismissed for improper service of process (see, Schurr v Fillebrown, 146 AD2d 623; cf., Brownell v Feingold, 82 AD2d 844). Bracken, J. P., Harwood, Balletta and Copertino, JJ., concur.

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Bluebook (online)
180 A.D.2d 712, 579 N.Y.S.2d 742, 1992 N.Y. App. Div. LEXIS 2646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-cranin-nyappdiv-1992.