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DeSHONG v. MARKS

144 A.D.2d 623 (1988)

Valgean DeShong, Individually and as Administratrix of The Estate of Mark DeShong, Deceased, Respondent, v. Ethel R. Marks, Appellant

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

November 28, 1988

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, the cross motion is granted, and the complaint is dismissed.

A plaintiff is entitled to use the "nail and mail" provisions of CPLR 308 (4) only if personal service cannot be effected under CPLR 308 (1) and (2) with "due diligence". The due diligence requirement has been stringently observed, given the reduced likelihood...

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