Metropolitan Life Insurance v. Scharpf

opinion of the court

Edward H. Lehner, J.

In considering the numerous requests for default judgments in summary nonpayment proceedings submitted during the week ending June 29, 1984, this court must determine, in light of the recent decision in Eight Assoc. v Hynes (102 AD2d 746), whether it has jurisdiction over the various respondents who were allegedly served by conspicuous service. One of such requests was made in this proceeding.

In Eight Assoc. (supra) the process server affixed a copy of the petition and notice of petition to respondents’ door at 12:28 p.m. on a weekday. The majority held…