Munoz v. New York Telephone

*657The plaintiff Fausto Munoz was injured while removing asbestos for his employer, Detail, on property owned by New York Telephone, the defendant third-party plaintiff. Fausto Munoz and Cecilia Munoz, his wife, commenced a negligence action against New York Telephone. New York Telephone then commenced this third-party action for indemnification against the appellant Gregory Studencki d/b/a Detail.

After failing to effectuate service upon Gregory Studencki, a resident of Poland, New York Telephone moved pursuant to CPLR 308 (5) to allow expedient service upon the State Insurance Fund, which had…