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JPMORGAN CHASE BANK, N.A. v. SZAJNA

2009-06094

72 A.D.3d 902 (2010)

898 N.Y.S.2d 524

JPMORGAN CHASE BANK, N.A., Respondent, v. CLAUDE MICHAEL SZAJNA, Appellant.

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

Decided April 20, 2010.

Ordered that the order is affirmed, with costs.

The process server retained by the plaintiff made three attempts to serve the defendant at his dwelling. Contrary to the defendant's contention, the three attempts to serve him at his dwelling at different times and on different days, including an attempt on an early weekday morning and an attempt during midday Saturday, were sufficient to constitute "due diligence" within the meaning of CPLR 308 (4) (see County of...

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