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ENTWISTLE v. STONE

53 Misc.2d 227 (1967)

Alfred M. Entwistle, Plaintiff, v. Cloyd Stone et al., Individually and Doing Business as Skyline Stables, et al., Defendants.

Supreme Court, Onondaga County.

March 15, 1967

Attorney(s) appearing for the Case

Pinsky, Canter & Pinsky for Joseph D. Stone, defendant. Hancock, Ryan, Shove & Hust for plaintiff.

J. ROBERT LYNCH, J.

The petitioner, defendant Joseph Stone moves to vacate the summons allegedly served on him by "mailing and nailing" under CPLR (subd. 3).

Once it is determined that a summons cannot be delivered with diligent effort to the proposed defendant in person, CPLR 308 (subd. 3) sets up an alternative method of service that requires that two steps be taken before an affidavit of service can...

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