342 EAST 50TH STREET LLC v. PRIVITELLO

154507/18-11786. 11785, 11784, 11783, 11782.

185 A.D.3d 448 (2020)

125 N.Y.S.3d 276

2020 NY Slip Op 03853

342 East 50th Street LLC, Appellant, v. Deborah Privitello, Respondent.

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

Decided July 9, 2020.


The trial court correctly determined that service of process was improper and dismissed the complaint, as there was no showing by plaintiff of impracticability, as required by CPLR 308(5). The selected method of service at the subject premises was not reasonably calculated to provide defendant with notice of this action, given, inter alia, the vacate order then in effect (see Mullane v Central Hanover Bank & Trust Co., 339 U.S. 306

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