AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

DWARIKA SINGH et al., Respondents, v. GOLD COIN LAUNDRY EQUIPMENT, INC., et al., Defendants, and ROBERT JUNG, Appellant.

Ordered that the appeal from the order dated December 22, 1995, is dismissed, without costs or disbursements, as that order was superseded by the order dated March 14, 1996, made upon reargument, and it is further,

Ordered that the order dated March 14, 1996, is affirmed insofar as appealed from, without costs or disbursements.

No rigid rule has been prescribed for determining whether "due diligence" has been exercised in attempting to effect service so as to permit the use of substituted service pursuant to CPLR 308 (4) ( see, Barnes v City of New York, 51 NY2d 906). The defendant Jung admitted that the address at which the process server attempted service was his correct home address, and that he would normally have been at home when the process server made two attempts at service. He further admitted that his wife was at home during each of the attempts at service. Moreover, on his third attempt, the process server verified the correct address with a next door neighbor before effecting service pursuant to CPLR 308 (4). Under the facts of this case, the attempts were sufficient to establish "due diligence" so as to permit the use of substituted service ( see, Rodriguez v Khamis, 201 AD2d 715; see also, Hochhauser v Bungeroth, 179 AD2d 431).

Use AI to get other relevant cases.

Comments

SINGH v. GOLD COIN LAUNDRY EQUIPMENT
(Dec 9, 1996)