Murphy-Tarver v. Lester

*994Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered November 24, 2004 in a personal injury action. The order denied plaintiffs’ motion pursuant to CPLR 312-a (f) for an immediate judgment in the amount of, inter alia, the expense of serving defendants by an alternative method.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and as modified the order is affirmed with costs to plaintiffs, and judgment is ordered in accordance with the following memorandum: Plaintiffs…