MONTES v. SEDA


157 Misc.2d 895 (1993)

599 N.Y.S.2d 401

Luisa Montes, Plaintiff, v. Myrna Seda, Defendant.

Supreme Court, New York County.

May 20, 1993


Attorney(s) appearing for the Case

Raymond B. Schwartzberg, New York City, for plaintiff. Evans, Orr, Pacelli, Norton & Laffan, New York City, for defendant.


EDWARD H. LEHNER, J.

The question posed by plaintiff's motion to strike defendant's affirmative defense of lack of personal jurisdiction is whether service upon defendant at a time when she is incarcerated in a State correctional facility may be made upon her pursuant to CPLR 308 (2) at the "dwelling place or usual place of abode" occupied by her prior to imprisonment.

Here the parties were allegedly...

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