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ROMAN v. GUZZARDO

198 A.D.2d 489 (1993)

604 N.Y.S.2d 183

Efrain Roman, Appellant, v. Christopher Guzzardo, Respondent

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

November 29, 1993

Ordered that the order is affirmed, with costs.

We agree with the court's conclusion that the plaintiff's process server failed, as a matter of law, to exercise due diligence in attempting to effectuate personal service upon the defendant (see, CPLR 308 [4]; Pizzolo v Monaco, 186 A.D.2d 727). Two of the three attempts to effectuate personal service at the defendant's residence occurred on weekdays during normal business...

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