Entwistle v. Stone

The petitioner, defendant Joseph Stone moves to vacate the summons allegedly served on him by “mailing and nailing” under CPLR (subd. 3).

Once it is determined that a summons cannot be delivered with diligent effort to the proposed defendant in person, CPLR 308 (subd. 3) sets up an alternative method of service that requires that two steps be taken before an affidavit of service can be filed. First, the summons must be mailed to the defendant’s “last known residence”. Second, it must be affixed to the door of the defendant’s “ place of business, dwelling house or usual place of abode, ” or it…