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BOARD OF MGRS. OF 50 WEST 127TH ST. CONDOMINIUM v. KIDD

8351N. 151386/15.

169 A.D.3d 432 (2019)

94 N.Y.S.3d 27

2019 NY Slip Op 00973

The Board of Managers of 50 West 127th Street Condominium, Respondent, v. Chekesha Kidd, Respondent, et al., Defendants. City West Capital LLC, Nonparty Appellant.

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

Decided February 7, 2019.

Supreme Court properly determined that plaintiff did not establish that personal service could not be made with due diligence by personal delivery before effecting service pursuant to CPLR 308 (4). While a process server's affidavit evidencing three attempts at personal service over a period of time may satisfy the plaintiff's prima facie burden in some circumstances (see e.g. Ayala v Bassett, 57 A.D.3d 387, 388 [1st Dept 2008])...

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