RICHARDSON v. LOPEZ

4865, 23547/14E.

154 A.D.3d 617 (2017)

2017 NY Slip Op 07552

62 N.Y.S.3d 787

ARTHUR RICHARDSON, Respondent, v. GEORGE LOPEZ et al., Appellants, et al., Defendants.

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

Decided October 31, 2017.


Plaintiff made a prima facie showing that his process server exercised due diligence in attempting to serve defendants personally with the summons and complaint before resorting to nail-and-mail service at defendants' dwelling place, as listed on the police accident report (see CPLR 308 [4]).

In opposition, defendants submitted the affidavit of defendant Maria Lopez, who denied ever hearing the doorbell ring or finding any documents affixed to the front door...

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