Legal Opinion

Corbo v. Stephens

Appellate Terms of the Supreme Court of New York

Decided March 23, 1998PublishedCited by 1 opinion

1Opinion of the Court

*339OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs, the motion by Paschal A. Corbo is denied and the complaint in the action by Paschal A. Corbo against Gerald J. Stephens is dismissed.

A court may exercise its discretion to direct alternative service of process pursuant to CPLR 308 (5), upon a showing by the applicant that service under CPLR 308 (1), (2) and (4) is “impracticable”. While the standard of impracticability does not require due diligence, nor a showing that actual prior attempts to serve a party under each and every method provided in the statute have been…

2Cases cited6 opinions

  1. Astrologo v. SerraAppellate Division of the Supreme Court of the State of New York · 1997
  2. Kelly v. LewisAppellate Division of the Supreme Court of the State of New York · 1995
  3. Tremont Federal Savings & Loan Ass'n v. NdanusaAppellate Division of the Supreme Court of the State of New York · 1988
  4. Tetro v. TizovAppellate Division of the Supreme Court of the State of New York · 1992
  5. LTD Trading Enterprises v. VignatelliAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by1 opinion

  1. Corbo v. StephensAppellate Division of the Supreme Court of the State of New York · 2000

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