- Dupont v. Chen, 41 N.Y.2d 794
- A building has a door man who refuses to allow you access to the building.
This case involved an apartment building with a doorman. The doorman refused to allow the process server access to the building to serve the defendant. The process server served the door man as a person of suitable age and discretion.
The Court held that the doorman constitutes “a person of suitable age and discretion” within the contemplation of CPLR 308(2). The Court further determined that an individual does not need to have a "family relationship" with the defendant to be sub-served. The Court also stated that the lobby of the apartment building constituted the defendant’s “actual dwelling place” because it was the furthest point the process server was allowed to access before being stopped.
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