2837 Bailey Corp. v. Gould

Order unanimously reversed on the law with costs and motion granted. Memorandum: Special Term erred in denying defendant’s motion to vacate a default judgment entered against him for damages to plaintiff’s property. Plaintiff sought to effect "nail and mail” service of process pursuant to CPLR 308 (4). Defendant challenged the propriety of the service and argued that the default judgment was void for lack of jurisdiction (CPLR 5015 [a] [4]).

To effect substituted service under CPLR 308 (4), the summons must be affixed to the door of defendant’s "actual place of business, dwelling place or…