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FARIAS v. SIMON

2818, 113267/08, 2818A

73 A.D.3d 569 (2010)

899 N.Y.S.2d 843

JESUS FARIAS, Respondent, v. JOHN DOUGLAS SIMON, JR., et al., Appellants, et al., Defendant.

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

Decided May 18, 2010.

Plaintiff's process server's successive attempts to serve defendants personally at various times of the day when it could be reasonably expected that they would be at home satisfied the due diligence requirement of CPLR 308 (4) so as to permit nail-and-mail service (see Hochhauser v Bungeroth, 179 A.D.2d 431 [1992]). As defendants do not dispute that the front door of their apartment is accessible from the street, we reject...

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