NEW YORK STATE HIGHER EDUC. SERVS. CORP. v. PERCHIK


207 A.D.2d 1040 (1994)

617 N.Y.S.2d 610

New York State Higher Education Services Corporation, Respondent, v. Dean Perchik, Appellant. (Appeal No. 3.)

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

September 30, 1994


Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in failing to dismiss the complaint based on lack of personal jurisdiction. Plaintiff purported to serve defendant pursuant to CPLR 308 (2), which requires delivery of the summons "to a person of suitable age and discretion at the actual * * * dwelling place or usual place of abode". The sworn statement of defendant...

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