McNeely v. Harrison
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated February 19, 1993, which, after a hearing, granted the defendant’s motion to dismiss the complaint for lack of personal jurisdiction.
Ordered that the order is affirmed, with costs.
*910The record supports the Supreme Court’s finding that the plaintiff failed to exercise due diligence before resorting to "nail and mail” service (see, CPLR 308 [4]). The due diligence requirement of CPLR 308 (4) should be strictly observed, given the reduced likelihood that a…
2Cases cited9 opinions
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- Bleier v. HeschelAppellate Division of the Supreme Court of the State of New York · 1987
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