DUFFY v. ST. VINCENT'S HOSP.


198 A.D.2d 31 (1993)

603 N.Y.S.2d 47

Robert Duffy, Respondent, v. St. Vincent's Hospital, Defendant, and John O'Leary, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 4, 1993


We agree with the IAS Court that the process server satisfied the delivery requirement of CPLR 308 (2) in attempting to deliver the summons to the security guard at defendant's residential community. Since the affidavit of the guard indicates that he stopped the process server from entering the community at the security gate, the outer bounds of defendant's actual dwelling place could be deemed to extend to the guard's booth, where the process server's progress was arrested...

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