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WERNER v. SCHWEIT

Appellate Division of the Supreme Court of New York, Second Department.
Mar 21, 1988

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 ยง 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.