WELLS FARGO BANK, NATIONAL ASSOCIATION, ETC., plf-res, v. DONNA FERRATO, def-ap, THE SIMON & MILLS BUILDING CONDOMINIUM BOARD def

4060. WELLS FARGO BANK, NATIONAL ASSOCIATION, ETC., plf-res, v. DONNA FERRATO, def-ap, THE SIMON & MILLS BUILDING CONDOMINIUM BOARD def — Wrobel Markham Schatz Kaye & Fox LLP, New York (Steven I. Fox of counsel), for ap — Greenberg Traurig LLP, New York (Shan P. Massand of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 8, 2015, which denied defendant Ferrato's motion to dismiss the complaint for lack of personal jurisdiction, unanimously modified, on the law, and the motion granted to the extent of directing that, in the event plaintiff moves to restore the matter to the calendar, the matter be referred for a traverse hearing, and otherwise affirmed, without costs.

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4060. WELLS FARGO BANK, NATIONAL ASSOCIATION, ETC., plf-res, v. DONNA FERRATO, def-ap, THE SIMON & MILLS BUILDING CONDOMINIUM BOARD def — Wrobel Markham Schatz Kaye & Fox LLP, New York (Steven I. Fox of counsel), for ap — Greenberg Traurig LLP, New York (Shan P. Massand of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 8, 2015, which denied defendant Ferrato’s motion to dismiss the complaint for lack of personal jurisdiction, unanimously modified, on the law, and the motion granted to the extent of directing that, in the event plaintiff moves to restore the matter to the calendar, the matter be referred for a traverse hearing, and otherwise affirmed, without costs.

Plaintiff’s process server attempted to serve defendant at her apartment, which was a loft accessed directly from an elevator. The process server averred that a woman was standing inside holding a baby and a party was in progress, so he dropped the papers. Denying that service was properly made pursuant to CPLR 308(2), plaintiff submitted the affidavit of a woman who stated that she was at the entrance to the apartment and holding a baby at the time specified by the process server, but that he never identified himself, did not ask her to take the papers, did not attempt to gain access, and did not hand any papers to her or drop papers near her. Instead, the elevator door closed with the process server and the papers still inside.

WELLS FARGO BANK, NATIONAL ASSOCIATION, ETC., plf-res, v. DONNA FERRATO, def-ap, THE SIMON & MILLS BUILDING CONDOMINIUM BOARD def

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