BYRNES, Ch. J.
Motion to confirm the report of the Official Referee is granted. However, irrespective of whether or not the party served was in fact a "managing agent," the failure to fully comply with subdivision 3 of section 229 of the Civil Practice Act is fatal to the service. The affidavit is silent as to any attempt to effect service under subdivision 2 of section 229 of the Civil Practice Act. Proof that service could not be made under subdivision 1 is not of itself sufficient to dispense with the method set forth in subdivision 2. The motion to vacate and set aside the service of the summons is granted. ( McKeon v. McGowan Sons, 229 A.D. 568.)