Defendant Nancy Herzlinger appeals from so much of an order of the Civil Court, New York County, entered January 5, 2004 (Delores J. Thomas, J.) as denied her motion to dismiss the complaint on grounds of lack of personal jurisdiction and statute of limitations.

PER CURIAM:

Order entered January 5, 2004 (Delores J. Thomas, J.), modified by remanding the matter to Civil Court for a traverse on the issue of service of the summons and complaint; as modified, order affirmed, without costs.

The affidavit of service indicates that substituted service was effectuated on defendant Nancy Herzlinger on September 21, 1992, at her residence by affixing a copy of the summons and complaint to the door of premises #73 at 7272 E. Gainey Rd., Scottsdale, Arizona, and mailing the papers to that address. In support of her motion to dismiss, defendant averred that she never lived at #73, but rather lived in unit #109, which was across the development's internal road from #73. Residence at #109 was supported by her local voter registration card, dated July 16, 1992, and a real estate closing settlement document, dated December 4, 1992. On the other hand, the U.S. Postal Service in Scottsdale certified that defendant's mailing address on August 25, 1992, was at unit #73. [*2]

CPLR 308(4) requires service of process at a person's "dwelling place or usual place of abode." In light of the factual dispute as to this defendant's actual residence, a traverse should have been ordered (Hinds v 2461 Realty Corp., 169 AD2d 629 [1991]; see also NYCTL 1998-1 Trust v Rabinowitz, 7 AD3d 459 [2004]). The issue of service must be resolved before the statute of limitations defense can be addressed (see E. & R. Mavin Constr. v Lebewohl, 237 AD2d 136 [1997], lv denied 90 NY2d 802 [1997]).

This constitutes the decision and order of the Court.
Decision Date: November 10, 2005