Legal Opinion
PacAmOr Bearings, Inc. v. Foley
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 1983PublishedCited by 24 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court at Trial Term (Kahn, J.), entered July 1,1982 in Rensselaer County, which denied defendant’s motion to dismiss the complaint for lack of personal jurisdiction. After a hearing at which the process server, defendant, and various members of defendant’s family testified, it was adjudged that service of the summons and complaint upon defendant, pursuant to CPLR 308 (subd 4), was proper; defendant appeals. “Nail and mail” service is unsustainable unless there is proof that the process server first attempted with “due diligence” to cause service to be…
2Cases cited4 opinions
- Barnes v. City of New YorkNew York Court of Appeals · 1980
- Barnes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- Carfora v. PesiriAppellate Division of the Supreme Court of the State of New York · 1982
- Competello v. GiordanoAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by24 opinions
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Smith v. WilsonAppellate Division of the Supreme Court of the State of New York · 1987
- Walker v. ManningAppellate Division of the Supreme Court of the State of New York · 1994
- Reed Holdings Inc. v. O.P.C. Corp.District Court, S.D. New York · 1988
- Steltzer v. EasonAppellate Division of the Supreme Court of the State of New York · 1987
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