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1405 REALTY CORP. v. NAPIER

68 Misc.2d 793 (1971)

1405 Realty Corp., Landlord, v. Gladys Napier et al., Tenants.

Civil Court of the City of New York, Trial Term, Bronx County.

December 24, 1971

Attorney(s) appearing for the Case

Allison & Kaufman (Perry E. Meltzer of counsel), for landlord. Arthur D. Meehan and Kenneth G. Schwarz for tenants.

JOSEPH P. SULLIVAN, J.

This matter was submitted for a jurisdictional hearing on the issue whether "due diligence" to effect personal service of the notice and petition was first exercised by the process server before recourse was had to conspicuous place service.

In a prior hearing on a traverse, jurisdiction achieved by conspicuous place service was sustained. However the issue of due diligence &...

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