Legal Opinion
Miske v. Maher
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1989PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, defendant’s motion granted and complaint dismissed. Memorandum: In this dental malpractice action, defendant appeals from an order dismissing his affirmative defense of lack of jurisdiction. He contends that the action was not properly instituted because, in the circumstances presented, the process server was not authorized to use "nail and mail” service pursuant to CPLR 308 (4). We agree.
"Nail and mail” service pursuant to CPLR 308 (4) may be made only when service under CPLR 308 (1) and (2) cannot be made with due diligence (CPLR 308 [4];…
2Cases cited5 opinions
- Bossuk v. SteinbergNew York Court of Appeals · 1983
- Weinberg v. Hillbrae Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Levin v. McGovernAppellate Division of the Supreme Court of the State of New York · 1976
- Rossetti v. DeLaGarzaAppellate Division of the Supreme Court of the State of New York · 1986
- Galuski v. TutunjianAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by7 opinions
- Pizzolo v. MonacoAppellate Division of the Supreme Court of the State of New York · 1992
- Sartor v. Utica Taxi Center, Inc.District Court, S.D. New York · 2003
- Hanover New England v. MacDougallAppellate Division of the Supreme Court of the State of New York · 1994
- Kambour v. FarrarAppellate Division of the Supreme Court of the State of New York · 1992
- Colonial National Bank, U.S.A. v. JacobsCivil Court of the City of New York · 2000
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