STATE v. MAPPA

2010-03600.

78 A.D.3d 926 (2010)

911 N.Y.S.2d 426

STATE OF NEW YORK, Respondent, v. BARUCH MAPPA, Appellant, et al., Defendant.

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

Decided November 16, 2010.


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

The defendants, inter alia, moved to dismiss the action insofar as asserted against the defendant Baruch Mappa for lack of personal jurisdiction, contending that the attempt to serve him at his residence did not satisfy the "due diligence" requirement of the "nail and mail" service statute pursuant to CPLR 308 (4) and that the process server was not credible. In opposition, the plaintiff presented...

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