DeShong v. Marks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Kings County (Shaw, J.), entered January *62429, 1988, which granted the plaintiffs motion to strike her second defense of lack of jurisdiction and denied her cross motion to dismiss the complaint.
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, the cross motion is granted, and the complaint is dismissed.
A plaintiff is entitled to use the "nail and mail” provisions of CPLR 308 (4) only if personal service cannot be effected under CPLR 308…
2Cases cited6 opinions
- Barnes v. City of New YorkNew York Court of Appeals · 1980
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Barnes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- Steltzer v. EasonAppellate Division of the Supreme Court of the State of New York · 1987
- Reed v. DomenechAppellate Division of the Supreme Court of the State of New York · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pizzolo v. MonacoAppellate Division of the Supreme Court of the State of New York · 1992
- County of Nassau v. YohannanAppellate Division of the Supreme Court of the State of New York · 2006
- 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
- Marballie v. LefrakAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.