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COUNTY OF NASSAU v. BARRIOS

46 A.D.3d 606 (2007)

846 N.Y.S.2d 920

COUNTY OF NASSAU, Appellant, v. DANIEL V. BARRIOS et al., Respondents, et al., Defendant.

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

Decided December 11, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the particular circumstances of this case, the plaintiff's process server, who attempted to effectuate service of the summons and complaint upon the defendants Daniel V. Barrios and Daniel E. Barrios (hereinafter the defendants) via the "nail and mail" method of service, did not satisfy the "due diligence" requirement of CPLR 308 (4). Accordingly, the Supreme Court correctly granted that...

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