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EVANS v. SEDGWICK

66 A.D.2d 700 (1978)

Robert Evans, Respondent, v. Margaret Sedgwick, Appellant

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

December 14, 1978

Contrary to the holding of Special Term, the defendant's eventually receiving the summons does not validate improper service (McDonald v Ames Supply Co., 22 N.Y.2d 111; Jacobs v Zurich Ins. Co., 53 A.D.2d 524). Defendant's apartment is on the fourth floor of 11 Gramercy Park South. It thus became imperative for the process server to nail under CPLR 308 (subd 4) on the door of the apartment...

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