Lama Holding Co. v. Linden

Full title: LAMA HOLDING COMPANY et al., Appellants, v. GEORGE VONDER LINDEN…

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

Date published: Jun 11, 1992

184 A.D.2d 314 (N.Y. App. Div. 1992)

584 N.Y.S.2d 308

Opinion

June 11, 1992

Appeal from the Supreme Court, New York County (Louis Kaplan, J.H.O.).

The record of the traverse hearing supports the conclusion of the Judicial Hearing Officer that plaintiffs failed to exercise due diligence prior to serving defendant pursuant to CPLR 308 (4). Plaintiffs' process servers attempted personal service on defendant at his New York residence on only two instances during work hours.

Concur — Sullivan, J.P., Milonas, Ross, Asch and Kassal, JJ.