SOILS ENGINEERING SERVICES INC v. [And A Third-Party Action].

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

SOILS ENGINEERING SERVICES, INC., Plaintiff-Appellant, v. Richard DONALD, Defendant-Respondent. [And A Third-Party Action].

Decided: February 25, 1999

ROSENBERGER, J.P., ELLERIN, WILLIAMS and ANDRIAS, JJ. John W. Wojak, Jr., for Plaintiff-Appellant. Matthew C. Kestin, for Defendant-Respondent.

Judgment, Supreme Court, New York County (Stuart Cohen, J.), entered December 15, 1997, dismissing the complaint, and bringing up for review an order of the same court and Justice entered November 6, 1997, which granted defendant's motion to confirm a Special Referee's report recommending dismissal of the complaint for lack of personal jurisdiction over the defendant due to improper service, unanimously affirmed, without costs.   Appeal from the order of November 6, 1997, unanimously dismissed, without costs, as subsumed within the appeal from the judgment.

Plaintiff failed to establish jurisdiction over defendant pursuant to CPLR 308(2) in that it failed to establish that the process server was denied access to the building thereby necessitating service of process on a doorman or superintendent (see, McCormack v. Goldstein, 204 A.D.2d 121, 611 N.Y.S.2d 185, lv. denied 85 N.Y.2d 801, 624 N.Y.S.2d 371, 648 N.E.2d 791).  Plaintiff also failed to establish that the summons was mailed to the correct address (see, Foster v. Cranin, 180 A.D.2d 712, 579 N.Y.S.2d 742).

MEMORANDUM DECISION.