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ROTHENBERG v. JULIEN

172 A.D.2d 216 (1991)

Emmanuel Rothenberg et al., Appellants, v. Alfred Julien et al., Respondents

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

April 9, 1991

The record of the hearing before the Special Referee held on June 16, 1988, reveals that the nail and mail service of process on defendants Alfred Julien and Stuart Schlesinger was insufficient, because the process server did not first comply with the due diligence requirement of CPL 308 (4) (Cooney v East Nassau Med. Group, 136 A.D.2d 392). With respect to defendant Finz, the process server's single attempt at personal service by...

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