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Rego v. Thom Rock Realty Co.

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1994
201 A.D.2d 270 (N.Y. App. Div. 1994)

Opinion

February 1, 1994

Appeal from the Supreme Court, New York County (Burton Sherman, J.).


Not until the end of 1990 did it become apparent that Jesus Pax was not "d/b/a Jose Pena." Third third-party plaintiffs thereafter timely hired an investigator to search for Jose Pena, to no avail. In fact, it appears that Jose Pena may be out of both the State and country. We note that the investigator's affidavit sufficiently demonstrates the significant efforts made in attempting to locate Pena (see, Saulo v. Noumi, 119 A.D.2d 657). Under the circumstances, the IAS Court properly determined that personal service upon Jose Pena is impracticable and that expedient service upon the insurance carriers is appropriate (CPLR 308).

We have considered all other claims and find them to be meritless.

Concur — Sullivan, J.P., Ellerin, Kupferman, Rubin and Tom, JJ.


Summaries of

Rego v. Thom Rock Realty Co.

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1994
201 A.D.2d 270 (N.Y. App. Div. 1994)
Case details for

Rego v. Thom Rock Realty Co.

Case Details

Full title:FRANCISCO REGO et al., Plaintiffs, v. THOM ROCK REALTY COMPANY et al.…

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

Date published: Feb 1, 1994

Citations

201 A.D.2d 270 (N.Y. App. Div. 1994)
608 N.Y.S.2d 824

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