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FRANKLIN v. WINARD

189 A.D.2d 717 (1993)

Gladys Franklin, as Guardian of Bertha Israels, Respondent, v. Arthur I. Winard et al., Defendants, and Gudrun Israels, Also Known as Gudrun Baldi, Appellant

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

January 26, 1993

We find no basis to vacate the order directing service upon defendant-appellant's attorneys pursuant to CPLR 308 (5). A showing of impracticability under CPLR 308 (5) does not require proof of actual prior attempts to serve a party under the methods outlined pursuant to subdivisions (1), (2) or (4) of CPLR 308 (see, Tremont Fed. Sav. & Loan Assn. v Ndanusa, 144 A.D.2d 660, lv dismissed 73 N.Y.2d 918). In this case...

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