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Your article was successfully shared with the contacts you provided. Justice Winslow PLAINTIFF LAW firm sought default judgment against its former client. Its affidavit of service indicated that the summons and complaint were delivered to the doorman of defendant’s apartment building under Civil Practice Law and Rules �308(2). Citing F.I. duPont, Glore Forgan & Co. v. Chen, the court noted that service on a doorman in an apartment building lobby has been upheld where the process server was denied access to the apartment of the person to be served. In such circumstances, the tenant’s “actual dwelling place” extends to the point where the process server was stopped. The court ruled that �308(2) must be strictly construed. Absent evidence that the process server was barred from entering the premises, the general rule applies that a tenant must be served at his apartment. Noting the record’s silence on the circumstances of service, the court denied plaintiff’s default motion, with leave to renew upon proper proof.

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