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SOILS ENGINEERING SERVICES, INC., Appellant, v. RICHARD DONALD, Respondent. (And a Third-Party Action.)

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, lv denied 85 N.Y.2d 801). Plaintiff also failed to establish that the summons was mailed to the correct address ( see, Foster v. Cranin, 180 A.D.2d 712).

Concur — Rosenberger, J. P., Ellerin, Williams and Andrias, JJ.

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SOILS ENGINEERING SERVICES, INC. v. DONALD
(Feb 25, 1999)