Lerman v. Church

Motion by plaintiff to dismiss affirmative defense of lack of jurisdiction of the person of defendant is granted. An ex parte order pursuant to CPLR 308 (subd. 4) was granted, providing for service of the summons and complaint upon defendant by delivery thereof to his named insurance carrier. The carrier’s affirmative defense of lack of jurisdiction thus raises the question as to the propriety of the order.

CPLR 308 (subd. 4) gives a court discretion to authorize special methods of service when service under CPLR 308 (subds. 1, 2, 3) is impracticable. However, due process requires that any…