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Loury v. Abramson

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 514 (N.Y. App. Div. 1991)

Opinion

December 16, 1991

Appeal from the Supreme Court, Kings County (Golden, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed.

We conclude that the Supreme Court erred in denying the defendant's motion to dismiss the action. Process was served upon the defendant pursuant to CPLR 308 (4), the so-called "nail and mail" provision. However, the affidavit of service made no showing of any attempt to effect service pursuant to CPLR 308 (1) and (2), and was therefore insufficient, as a matter of law, to satisfy the "due diligence" requirement of CPLR 308 (4) (see, Magalios v Benjamin, 160 A.D.2d 773; Moss v Corwin, 154 A.D.2d 443). Mangano, P.J., Lawrence, Rosenblatt and Copertino, JJ., concur.


Summaries of

Loury v. Abramson

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 514 (N.Y. App. Div. 1991)
Case details for

Loury v. Abramson

Case Details

Full title:DONALD F. LOURY et al., Respondents, v. LAWRENCE B. ABRAMSON, Appellant

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

Date published: Dec 16, 1991

Citations

178 A.D.2d 514 (N.Y. App. Div. 1991)
577 N.Y.S.2d 440