Salvatore Barbarino, Plaintiff(s), v. Gheorghe Gutu, Defendant(s). (2022)

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this Motion:

Papers

NYSCEF Document No.

Motion Sequence No. 1

Notice of Motion, Affirmation in Support2-20

Plaintiff's motion by order to show cause for an order pursuant to CPLR 308(5) is decided as follows.

Plaintiff has established that service of the of the summons and complaint upon the defendant Gheorghe Gutu ("Gutu") is impracticable under CPLR 308 (1)(2) and (4). Plaintiff sets forth that he attempted service at Gutu's address listed on the relevant police report. Further, plaintiff states that attempts of service at Gutu's home address were futile as the property is located in a gated community under the control of the New York City Police Department. Plaintiff states that when attempts at service were made, the police denied access to the community and refused to accept service on Gutu's behalf. Plaintiff also attempted to locate alternate addresses for the defendant, but internet searches indicated the same address. Plaintiff also attempted to locate a business address and email for the defendant but was unable to do so. Based on the foregoing, plaintiff has established with sufficient detail that service under CPLR 308 (1)(2) and (4) is impractical on the defendant.

Plaintiff also moves for alternate service on Liberty Mutual Insurance Co. but Liberty Mutual Insurance Co. is not a named defendant in this action. Accordingly, that portion of the motion is denied.

Accordingly, it is hereby

ORDERED that plaintiff's motion is granted to the extent that plaintiff is permitted to serve process of the summons and complaint on defendant Guto pursuant to CPLR 308 (5) by mailing a copy of the summons and complaint by: (1) overnight delivery service, (2) regular mail, and (3) certified mail, return receipt requested to defendant Guto's last known address as set forth in the plaintiff's moving affirmation.

ORDERED that plaintiff's motion with respect to non-party Liberty Mutual Insurance Co. is denied.

This constitutes the Order of the Court.

November 2, 2022

HON. ODESSA KENNEDY

Odessa Kennedy, J.