Legal Opinion
Gantman v. Cohen
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 1994PublishedCited by 6 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated May 28, 1993, which denied the defendant’s motion to dismiss the complaint for lack of personal jurisdiction.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court erred in finding that the plaintiff satis*378tied the "due diligence” requirement of CPLR 308 (4) and in sustaining the "nail and mail” service upon the defendant. The process server made three attempts…
2Cases cited3 opinions
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Magalios v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1990
- Serrano v. PapeAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by6 opinions
- Earle v. ValenteAppellate Division of the Supreme Court of the State of New York · 2003
- Austin v. Tri-County Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2007
- Annis v. LongAppellate Division of the Supreme Court of the State of New York · 2002
- State of New York Higher Education Services Corp. v. CaciaAppellate Division of the Supreme Court of the State of New York · 1997
- Cornhill LLC v. SposatoRochester City Court · 2017
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