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LARA v. 1010 E. TREMONT REALTY CORPORATION
Appellate Division of the Supreme Court of New York, First Department.
Jun 30, 1994
We agree with the IAS Court that the three attempts to serve the individual defendants at their home, the first at 7:25 A.M., the second six days later at 9:09 P.M., and the third the next day at 11:45 A.M., all on weekdays, constituted "due diligence" justifying service under CPLR 308 (4) (see, Hochhauser v Bungeroth, 179 A.D.2d 431).
Concur — Rosenberger, J.P., Ellerin, Ross, Rubin and Nardelli, JJ.
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