Hanover New England v. MacDougall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Crew III, J.
Appeal from an order of the Supreme Court (White, J.), entered August 27, 1992 in Montgomery County, which, inter alia, granted plaintiff’s motion to dismiss defendant Jacqueline MacDougall’s first and second affirmative defenses.
Based upon our review of the record as a whole, we are unable to conclude that Supreme Court erred in finding that plaintiff satisfied the "due diligence” requirement of CPLR 308 (4) and in sustaining the "nail and mail” service upon defendant Jacqueline MacDougall (hereinafter defendant). CPLR 308 (4) permits such service when a party is unable to…
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