POLANSKY v. PAUGH


23 A.D.2d 643 (1965)

Longin Polansky et al., Respondents, v. Leroy Paugh, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 9, 1965


Order, entered on October 21, 1964, striking out the complete defense of the defendant and Motor Vehicle Accident Indemnification Corporation, unanimously reversed, on the law, with $30 costs and disbursements to appellant, and the motion to strike the same is denied.

Where personal service with due diligence cannot be made as provided by CPLR 308 (subd. 1), service can be made under subdivision 3 "by mailing the summons to the person to be served at his last known...

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