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COUNTY OF NASSAU v. YOHANNAN

34 A.D.3d 620 (2006)

824 N.Y.S.2d 431

COUNTY OF NASSAU, Appellant, v. THOMAS YOHANNAN et al., Respondents.

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

Decided November 21, 2006.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (8) for lack of personal jurisdiction because of the plaintiff's failure to meet the due diligence requirement for substituted service pursuant to CPLR 308 (4) (see Sanders v Elie,

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