O'Hara & Crough v. Greenstein

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in dismissing the complaint based on lack of personal jurisdiction. The court determined that "nail and mail” service pursuant to CPLR 308 (4) was improper because the attempts by plaintiff’s process server to serve defendant personally did not constitute "due diligence.” The court found, after a traverse hearing, that the process server attempted personal service at defendant’s residence on four separate dates at various times of day; those attempts…