While CPLR 308 (4) permits the use of "nail and mail" substituted service when a party is unable to effect personal service under CPLR 308 (1) or (2), a "due diligence" attempt at personal service is first required. Plaintiffs' process server attempted service on two consecutive days — a Wednesday at 5:10 P.M. and a Thursday at 8:55 A.M. — at defendant's residence. These attempts did not constitute due diligence, made
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WOOD v. BALICK
197 A.D.2d 438 (1993)
603 N.Y.S.2d 1
Karen Wood et al., Appellants, v. Howard A. Balick, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 19, 1993
October 19, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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