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GANTMAN v. COHEN

209 A.D.2d 377 (1994)

618 N.Y.S.2d 100

Roza Gantman et al., Respondents, v. Hindy Cohen, Appellant

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

November 7, 1994

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court erred in finding that the plaintiff satisfied the "due diligence" requirement of CPLR 308 (4) and in sustaining the "nail and mail" service upon the defendant. The process server made three attempts to personally serve the defendant at his residence. Those attempts occurred on weekdays at...

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