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DUBINSKY v. LEVINE

Index No. 101269/19. Appeal No. 14891. Case No. 2021-00887.

200 A.D.3d 574 (2021)

155 N.Y.S.3d 756

2021 NY Slip Op 07078

Melvin Dubinsky, Appellant, v. Rhoda M. Levine, Respondent.

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

Decided December 21, 2021.

Attorney(s) appearing for the Case

Melvin Dubinsky, New York, appellant pro se.

Concur—Renwick, J.P., Oing, Singh, Scarpulla, Pitt, JJ.

Supreme Court properly denied plaintiff's motion for a default judgment. Plaintiff failed to show that the doorman at defendant's apartment building refused him access to defendant's residence, and as a result, plaintiff's attempt at substituted service by leaving the papers with the doorman at defendant's building was ineffective (cf. Al Fayed v Barak, 39 A.D.3d 371, 372 [1st Dept 2007] [service left with a doorman, followed by...

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