Albert Wagner & Son, Inc. v. Schreiber

—Order, Supreme Court, New York County (Burton S. Sherman, J.), entered September 2, 1993, which, inter alia, granted plaintiffs motion to confirm the Special Referee’s report sustaining service of process, unanimously affirmed, with costs.

We agree with the Special Referee that the process server’s three unsuccessful attempts to gain access to defendant’s apartment building, including a visit at 7:00 p.m. when a working person would normally be home, constituted due diligence warranting substituted service pursuant to CPLR 308 (4). After ascertaining that defendant did in fact live in the…