Smith v. Waters

—In an action to recover damages for personal injuries and property damage allegedly resulting from a motor vehicle accident, the Allstate Insurance Company appeals from an order of the Supreme Court, Queens County (Posner, J.), dated October 5, 1995, which granted the plaintiffs’ motion to serve the defendants Ricky Waters and Robert Hurston pursuant to CPLR 308 (5) by, inter alia, mailing copies of the summons and complaint to its attorneys.

Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, and the motion is denied.

We agree with the appellant, the…