VAIL v. CATALANO


166 A.D.2d 901 (1990)

Frank Vail et al., Respondents, v. Robert Catalano, Appellant

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

October 5, 1990


Order unanimously affirmed with costs.

Memorandum:

Defendant moved to dismiss the complaint on the ground that the process server had not exercised due diligence prior to resorting to substituted service. Supreme Court properly denied the motion. Three attempts to effect service during business hours at an address that was both defendant's residence and his place of business constituted due diligence, which authorized plaintiffs' utilization of the "affix...

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