AYALA v. BASSETT


57 A.D.3d 387 (2008)

870 N.Y.S.2d 261

MARGARITA AYALA et al., Respondents, v. SAADA A.R. BASSETT, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 23, 2008.


As gleaned from the face of the affidavit of service, the process server exercised due diligence in attempting to serve defendant personally with the summons and complaint before resorting to nail-and-mail service at the residential address defendant had provided to police at the time of the accident (see CPLR 308 [4]). The affidavit constituted prima facie evidence of proper service, indicating efforts to serve defendant at the residence on three different occasions...

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