Opinion
October 15, 1991
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
The IAS court could not direct expedient service as to the corporate defendant, International Diffusion Company, as personal service on a corporation may only be made pursuant to CPLR 311 (1). However, with respect to the individual defendant, Alberto Vignatelli, a resident of Forli, Italy, the IAS court properly directed such service. The record indicates that at considerable expense plaintiff employed the services of an international service company, which was unable to serve this defendant despite many attempts. Considering the facts and circumstances of this case, authorization of service pursuant to CPLR 308 (5) was warranted. (See, Liebeskind v. Liebeskind, 86 A.D.2d 207, affd 58 N.Y.2d 858.)
Concur — Rosenberger, J.P., Ellerin, Smith and Rubin, JJ.