Sapienza v. Haag

Order unanimously reversed, without costs, motion granted, judgment vacated and complaint dismissed. Memorandum: Defendants have moved to vacate a default judgment obtained by plaintiff on the ground that the “nail and mail” alternative for personal service attempted by plaintiff failed to comply with the provisions of CPLR 308 (subd 4). Special Term denied the motion holding that defendants are estopped from raising the jurisdictional challenge because they engaged “in conduct which was and is, calculated to prevent plaintiff from learning of their address.” This was error. As to the issue…