McNEELY v. HARRISON


208 A.D.2d 909 (1994)

617 N.Y.S.2d 879

William McNeely, Appellant, v. Stephen Harrison, Respondent

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

October 31, 1994


Ordered that the order is affirmed, with costs.

The record supports the Supreme Court's finding that the plaintiff failed to exercise due diligence before resorting to "nail and mail" service (see, CPLR 308 [4]). The due diligence requirement of CPLR 308 (4) should be strictly observed, given the reduced likelihood that a summons served pursuant to that section will be received (see, Scott v Knoblock

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