Moses v. Kunst

In Moses v. Kunst, Superior Court, judicial district of New Haven, 2001 Conn. App. 2851, Docket No. 452348 (October 1, 2001) (30 Conn. L. Rptr. 458), the plaintiff never filed an opposition to the motion to dismiss, and no affidavit was produced indicating that the marshal had made several attempts at personal service and could not establish to his satisfaction that the dwelling was the defendant's usual place of abode; id., at 458-59; such as was made by Nardini in the present case. Because we construe 52-57 (a) and 52-63 (b) to permit constructive service on the commissioner where reasonable efforts to make personal or abode service have failed, we reject the Moses holding insofar as it limits use of the provisions of 52-63 (b) to situations where: "(1) the officer is unable to obtain sufficient access into the structure to make proper service, (2) the defendant no longer resides at the address or makes it his abode, or (3) no such address exists." (Internal quotation marks omitted.) Id., at 458.