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SCOTT v. KNOBLOCK

204 A.D.2d 299 (1994)

611 N.Y.S.2d 265

Louise Scott, Respondent, v. Arthur L. Knoblock et al., Defendants, and David Selby, Appellant

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

May 2, 1994

Ordered that the order is reversed, on the law, with costs, the motion to vacate the order dated February 18, 1992, is denied, the order dated February 18, 1992, is reinstated, and the complaint, as asserted against the appellant, is dismissed.

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

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