MATTER OF CITY OF NEW YORK v. CLARK


234 A.D.2d 120 (1996)

650 N.Y.S.2d 709

In the Matter of City of New York, Appellant, v. Asa Clark, Respondent, et al., Respondents. (And 9 Other Actions.)

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

December 12, 1996


Petitioner's demonstration that it had made three prior unsuccessful attempts to gain access to the building through various entrances, and that the mailboxes in the building's front entrance were non-functional, was sufficient to set forth that service pursuant to RPAPL 735 was impracticable (see, Dobkin v Chapman, 21 N.Y.2d 490). Under the circumstances presented, the Civil Court properly authorized service pursuant to CPLR...

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