Summary
affirming district court's decision, after a hearing, that the "mere slipping of the papers between the screen door and the door jamb was not a proper 'affixing' as required by the statute"
Summary of this case from High Farms, LLC v. KingOpinion
March 21, 1988
Appeal from the Supreme Court, Nassau County (Widlitz, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the mere slipping of the papers between the screen door and the doorjamb was not a proper "affixing" as required by the statute. "The affixing of a summons to the door is to be accomplished by use of a nail, tack, tape, rubber band or some other device which will ensure a genuine adherence" (PacAmor Bearings v. Foley, 92 A.D.2d 959, 960, citing Siegel, N.Y. Prac § 74).
Accordingly, the Supreme Court properly vacated the default judgment on the basis that service was ineffective due to the improper "affixing". Lawrence, J.P., Eiber, Harwood and Balletta, JJ., concur.