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MATTER OF PETRE v. LUCIA

260035/19. Appeal No. 12452. Case No. 2019-04272.

188 A.D.3d 582 (2020)

132 N.Y.S.3d 639

2020 NY Slip Op 06873

In the Matter of Gheorghe Petre, Appellant, v. Joseph Lucia et al., Respondents.

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

Decided November 19, 2020.

It is undisputed that plaintiff did not make a "reasonable attempt" to personally serve defendants, in accordance with CPLR 308; thus, service was improper (see Matter of Wilner v Beddoe, 102 A.D.3d 582, 584 [1st Dept 2013]). As jurisdiction was not obtained over defendants, they were not required, in response to plaintiff's motion for a default judgment, to demonstrate a reasonable excuse for their default in answering the complaint...

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