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BANK LEUMI TRUST CO. OF NEW YORK v. KATZEN

192 A.D.2d 401 (1993)

596 N.Y.S.2d 368

Bank Leumi Trust Company of New York, Respondent, v. Arthur Katzen et al., Defendants, and Arnold Bernstein et al., Appellants

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

April 15, 1993

There are no rigid standards governing the due diligence requirement for substituted service pursuant to CPLR 308 (4) (Barnes v City of New York, 51 N.Y.2d 906, 907). We cannot say that the IAS Court's upholding of such service herein is unsupported by the record.

Ex parte orders are not appealable (Dowd v Dowd, 164 A.D.2d 752, 754). In any event, were we to consider the arguments...

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