Estate of Waterman v. Jones
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Balkin, J.
On this appeal, we are called upon to decide whether an unsuccessful attempt at personal service solely at an attorney’s place of business constituted “due diligence” so as to permit resort to “nail and mail” service pursuant to CPLR 308 (4). We hold that such service of process did not confer personal jurisdiction over the defendant attorney in this legal malpractice action.
The following facts are undisputed. On June 17, 2004, the plaintiff, Estate of Edward S. Waterman, commenced the instant action sounding in legal malpractice to recover damages allegedly…
2Cases cited23 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Macchia v. RussoNew York Court of Appeals · 1986
- Barnes v. City of New YorkNew York Court of Appeals · 1980
- Gurevitch v. GoodmanAppellate Division of the Supreme Court of the State of New York · 2000
- Barnes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
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3Cited by77 opinions
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- Countrywide Home Loans Servicing, LP v. AlbertAppellate Division of the Supreme Court of the State of New York · 2010
- Cadlerock Joint Venture, L.P. v. KierstedtAppellate Division of the Supreme Court of the State of New York · 2014
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