# Santangelo, Inc. v. Brown

> Appellate Division of the Supreme Court of the State of New York · July 18, 1994 · 206 A.D.2d 463

URL: https://www.frixlaw.com/law-library/cases/5978202

## Case

- **Full name:** Matt Santangelo, Inc. v. Leonard D. Brown, Jr.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 18, 1994
- **Citations:** 206 A.D.2d 463; 614 N.Y.S.2d 933; 1994 N.Y. App. Div. LEXIS 7490
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5978202

## Opinion text

In an action to foreclose upon a mechanic’s lien, the plaintiff appeals from an *464 order of the Supreme Court, Suffolk County (Gowan, J.), dated August 28, 1992, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff’s contention, the Supreme Court properly determined that service upon the defendant was defective because the substituted method of service was not effected at the defendant’s actual dwelling place or usual place of abode (see, CPLR 308 [4]; Burkhardt v Cuccuzza, 81 AD2d 821, 823 ). Further, since the record clearly indicates that the defendant did not engage in conduct calculated to prevent the plaintiff from learning his usual place of abode, he is not estopped from raising the defect in service as a jurisdictional defense (see, Feinstein v Bergner, 48 NY2d 234, 241 ; Esposito v Billings, 103 AD2d 956, 957 ). Sullivan, J. P., Lawrence, Pizzuto and Friedmann, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5978202. Public record. Not legal advice.