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VENNERI v. GALLO

23 A.D.3d 376 (2005)

805 N.Y.S.2d 555

COSIMO VENNERI, Appellant, v. VINCENT GALLO, Defendant, and PHILIP FARINACCI, Respondent.

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

November 7, 2005.

Ordered that the order and judgment is affirmed, with costs.

The defendant Philip Farinacci moved to vacate his default in answering the complaint and to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction. In support of his motion, Farinacci presented unrebutted evidence that the address at which service was made upon him pursuant to CPLR 308 (4) was not his "actual place of business" (see Katz v Emmett,

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