Opinion
May 25, 1993
Appeal from the Supreme Court, New York County (Joan B. Lobis, J.).
In this action by a condominium unit owner against another unit owner to recover for water damages, jurisdiction over defendant, a corporation, was not acquired by delivering a copy of the process to the concierge of the building and mailing another copy to defendant's unit (see, Lakeside Concrete Corp. v Pine Hollow Bldg. Corp., 104 A.D.2d 551, affd 65 N.Y.2d 865). Nor can plaintiff's noncompliance with the service requirements of CPLR 311 be excused on the ground that its process server had exercised due diligence after being denied access to defendant's unit by the concierge. Austrian Lance Stewart v Rockefeller Ctr. ( 163 A.D.2d 125), relied on by plaintiff, is distinguishable in various respects, including the absence of any allegation, much less proof, that anyone acting under defendant's control or with its knowledge assisted defendant in evading service. We have considered plaintiff's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Ross, Kassal and Nardelli, JJ.