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180 A.D.2d 712

Foster v. Cranin

Appellate Division of the Supreme Court of the State of New York · decided 1992-02-18

Cited by 1 later decisions — most recently December 2014

1 state decisions

Key passage — most relied on by later courts

“mail[ing] to an incorrect and incomplete address”

quoted by 1 later decision, including 359 Wis. 2d 511 - O'Donnell v. Kaye

Good law ✅— No negative treatment on recordhow we know

Decided 1992-02-18

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¶1In 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.

¶2Ordered that the order is affirmed, with costs.

¶3After 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 *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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