AXXON CORP. v. XABA USA, INC.


215 A.D.2d 517 (1995)

626 N.Y.S.2d 557

Axxon Corporation, Doing Business as International Waste Industries, Respondent, v. Xaba USA, Inc., et al., Appellants

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

May 15, 1995


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

An application for expedient service upon a natural person must be supported by a showing that service upon that person was impracticable under CPLR 308 (1), (2), and (4).

The affirmation and affidavit submitted by the plaintiff's attorney and process server, respectively, in support of its application for an order...

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