As defendant City rightly concedes, the IAS court improperly exercised its discretion finding a triable issue of fact as to whether the City exercised due diligence in attempting personal service upon plaintiff before resorting to nail and mail service. Neither the City's opposing papers nor the process server's affidavit submitted provide proof sufficient to support a claim of due diligence under the circumstances.
The process server, relying upon a deed executed...
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