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CHERNEY v. DE ROSA

61 A.D.2d 931 (1978)

Zayra Cherney, Respondent, v. Blaise De Rosa et al., Appellants

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

March 21, 1978

In this negligence action, the process server, on three separate days at different times, but always during working hours, attempted to serve the individual defendant De Rosa at his business address, but no one answered the door. Thus, substituted service, pursuant to CPLR 308 (subd 4), was permissible. The case of Weinberg v Hillbrae Bldrs. (58 A.D.2d 546) is distinguishable in that the process server there had spoken to the defendant...

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