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ROWLAND GUREJE, Appellant, v. JASMINE RICHARDSON et al., Respondents.

Ordered that the order is affirmed, with costs.

The summons and complaint in the instant action were served upon the defendants by the "affix and mail" method (see CPLR 308). However, the record demonstrates that this service was ineffective since the plaintiff failed to exercise the requisite due diligence in first attempting to serve the defendants pursuant to CPLR 308 (1) or (2) (see Moran v Harting, 212 AD2d 517, 518; Walker v Manning, 209 AD2d 691, 692; McNeely v Harrison, 208 AD2d 909, 910). Accordingly, the Supreme Court properly granted the defendants' motion.

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GUREJE v. RICHARDSON
(Feb 10, 2009)