Billis v. Martz

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated November 20, 1997, which, after a hearing, denied its motion to dismiss the complaint on the ground that the plaintiff failed to properly serve the summons and complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the plaintiffs process server established due diligence in attempting to serve the defendant pursuant to CPLR 308 (1) and (2) before resorting to “nail and mail” service pursuant to CPLR…