SMITH v. WATERS


232 A.D.2d 545 (1996)

648 N.Y.S.2d 889

Daryl Smith et al., Respondents, v. Ricky Waters et al., Defendants, and Allstate Insurance Company, Appellant

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

October 21, 1996


Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, and the motion is denied.

We agree with the appellant, the Allstate Insurance Company (hereinafter Allstate), that the Supreme Court improvidently exercised its discretion in granting the plaintiffs' motion. The plaintiffs failed to submit an affidavit by the process server which explained his actions in attempting to locate the defendants. Instead, the plaintiffs' counsel...

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