Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
Memorandum:
The complaint must be dismissed because plaintiff did not properly serve the summons pursuant to the nail-and-mail provisions of CPLR 308 (4). It is undisputed that, at the time the process server affixed the summons to the door of 56 Fairview Court, Rochester, defendant was residing at another address. CPLR 308 (4) provides that, in effecting service by...
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