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DUNLEAVY v. MOYA

Appellate Division of the Supreme Court of New York, First Department.
Mar 20, 1997

We agree with the IAS Court that the three attempts to serve defendant at his home, the first on a Friday at 7:55 A.M., the second the next day, Saturday, at 2:00 P.M., and the third two days later, Monday, Memorial Day, at 10:14 A.M., constituted due diligence justifying service under CPLR 308 (4).