JOHNSON v. WATERS


291 A.D.2d 481 (2002)

738 N.Y.S.2d 369

FRANK JOHNSON, Appellant, v. JAMES WATERS, Respondent.

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

Decided February 19, 2002.


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

A process server made three attempts to serve the defendant at his residence. One of those attempts was during normal working hours, one on Wednesday evening, and one a Saturday morning. When the process server was unable to effectuate personal service, she affixed a copy of the summons and complaint to the defendant's apartment and mailed another copy to the same address pursuant...

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