PACAMOR BEARINGS, INC. v. FOLEY


92 A.D.2d 959 (1983)

PacAmOr Bearings, Inc., Respondent, v. Kenneth Foley, Appellant

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

March 3, 1983


After a hearing at which the process server, defendant, and various members of defendant's family testified, it was adjudged that service of the summons and complaint upon defendant, pursuant to CPLR 308 (subd 4), was proper; defendant appeals. "Nail and mail" service is unsustainable unless there is proof that the process server first attempted with "due diligence" to cause service to be made in accordance with the provisions of CPLR 308 (subds 1, 2). In this instance, the...

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