Opinion
June 30, 1994
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
We agree with the IAS Court that the three attempts to serve the individual defendants at their home, the first at 7:25 A.M., the second six days later at 9:09 P.M., and the third the next day at 11:45 A.M., all on weekdays, constituted "due diligence" justifying service under CPLR 308 (4) (see, Hochhauser v Bungeroth, 179 A.D.2d 431).
Concur — Rosenberger, J.P., Ellerin, Ross, Rubin and Nardelli, JJ.