Bartholomew v. Padula

Appeal from an order of the Supreme Court (Cheeseman, J.), entered July 9, 1990 in Albany County, which denied defendants’ motion to dismiss the complaint.

In this negligence action arising out of a motor vehicle accident that occurred in Albany County on May 18, 1985, plaintiffs made several attempts at serving the summons and complaint upon defendants, who left the State shortly after the accident. The initial attempt occurred in May 1987, when plaintiffs retained a process server to deliver the summons and complaint to defendants at a specified address in Fort Lauderdale, Florida. The…