Akler v. Chisena

In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Agate, J.), dated January 4, 2006, which, after a hearing, found that he had been properly served with the summons and complaint pursuant to CFLR 308 (4) and granted the plaintiffs motion for a default judgment.

Ordered that the order is affirmed, with costs.

“Nail and mail” service pursuant to CFLR 308 (4) may be used only where personal service under CFLR 308 (1) and (2) cannot be made with due diligence. “The due diligence requirement of CFLR 308 (4) must be…