Franklin v. Winard

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered March 6, 1992, which, to the extent appealed from, denied defendant Israels’ motion to vacate service of the summons effected by an ex parte order of said court (Xavier C. Riccobono, J.) dated January 16, 1992, permitting alternative service pursuant to CPLR 308 (5), unanimously affirmed, with costs.

We find no basis to vacate the order directing service upon defendant-appellant’s attorneys pursuant to CPLR 308 (5). A showing of impracticability under CPLR 308 (5) does not require proof of actual prior attempts to serve a…