1405 Realty Corp. v. Napier

This matter was submitted for a jurisdictional hearing on the issue whether “ due diligence ” to effect personal service of the notice and petition was first exercised by the process server before recourse was had to conspicuous place .service.

In a prior hearing on a traverse, jurisdiction achieved by conspicuous place service was sustained. However the issue *794of due diligence — not necessary to a conspicuous place service under section 735 of the Beal Property Actions and Proceedings Law — was not before the court. The issue now looms important because the landlord, on the tenants’ default in…