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U.S. BANK N.A. v. ABU

Index No. 32349/17E. Appeal No. 13643N. Case No. 2020-01249.

193 A.D.3d 606 (2021)

142 N.Y.S.3d 806

2021 NY Slip Op 02480

U.S. Bank National Association, as Trustee to Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates; Respondent, v. Mark Abu, Appellant, et al., Defendants.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Madu, Edozie & Madu, P.C., Bronx ( Uche Emelumadu of counsel), for appellant.

Parker Ibrahim & Berg LLP, New York ( Laurence P. Chirch of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

Defendant Mark Abu's sworn, nonconclusory statement and documentary evidence that the apartment at which he was allegedly served was not his actual dwelling place or usual place of abode raised an issue of fact as to whether plaintiff validly served him with process pursuant to CPLR 308(2), so as to vest the court with jurisdiction to render the default judgment (see NYCTL 1998-1 Trust & Bank of N.Y. v Rabinowitz,

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