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SELMANI v. CITY OF NEW YORK

2012-04020.

100 A.D.3d 861 (2012)

954 N.Y.S.2d 580

2012 NY Slip Op 7981

SAMIR SELMANI et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and MICHAEL REILLY, Appellant.

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

November 21, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant correctly contends that the plaintiffs failed to establish that he was served at his "actual place of business" pursuant to CPLR 308 (2). A person's "actual place of business" must be where the person is physically present with regularity, and that person must be shown to regularly transact business at that location (see Katz v Emmett, 226 A.D.2d 588

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