Opinion
June 26, 1995
Appeal from the Supreme Court, Queens County (Golar, J.).
Ordered that the order is affirmed, with costs.
The defendant is estopped from contesting the validity of service of process at the address on his driver's license, which he gave to the plaintiff Betty Daniels at the scene of the accident (see, Lavery v. Lopez, 131 A.D.2d 820; Treutlein v Gutierrez, 129 A.D.2d 791-792; Hill v. Jones, 113 A.D.2d 874).
Furthermore, the defendant did not timely raise before the Supreme Court his contention that the plaintiffs failed to attempt to serve him pursuant to CPLR 308 (1) or (2) before serving him pursuant to CPLR 308 (4). Thus, the defendant's contention that the plaintiffs failed to exercise due diligence is unpreserved for appellate review. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.