Copper v. Prokos

Defendant disputes the efficacy of plaintiff’s alleged substituted service herein. A motion is made to dismiss based upon that defective service. Specifically, defendant alleges a failure to mail, although conceding mailing of the summons and complaint. Moreover, it is argued that personal direct service was not attempted at all, with or without due diligence, and that service has not been completed in any event because of plaintiff’s failure to file proof of substituted service in 10 days (CPLR 308, subd. 3). The question assumes impor*758tance because of the running of the Statute of…