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ESTATE OF WATERMAN v. JONES

46 A.D.3d 63 (2007)

843 N.Y.S.2d 462

ESTATE of EDWARD S. WATERMAN, Deceased, Respondent, v. ANDREW P. JONES, Appellant.

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

October 16, 2007.

Attorney(s) appearing for the Case

Law Offices of Charles E. Kutner, LLP, New York City (April Kimm of counsel), for appellant.

S. Jean Smith, New York City, for respondent.

CRANE, J.P., SANTUCCI, FLORIO and DILLON, JJ., concur.

OPINION OF THE COURT

BALKIN, J.

On this appeal, we are called upon to decide whether an unsuccessful attempt at personal service solely at an attorney's place of business constituted "due diligence" so as to permit resort to "nail and mail" service pursuant to CPLR 308 (4). We hold that such service of process did not confer personal jurisdiction over the defendant attorney in this legal malpractice action.

The following facts are undisputed. On...

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