Dawson v. Bastine

In an action to recover damages for personal injuries, etc., Liberty Mutual Insurance Company appeals from so much of an order of the Supreme Court, Kings County (Vinik, J.), dated July 26, 1995, as granted the plaintiffs’ motion to serve the defendant Maria C. Bastine by alternative service pursuant to CPLR 308 (5).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the action is dismissed as to the defendant Maria C. Bastine, and the action against the remaining defendant is severed.

Contrary to the plaintiffs’ contentions, the court…