Schwartzman v. Musso

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated December 3, 1991, which granted the defendant’s motion for summary *552judgment dismissing the complaint for lack of personal jurisdiction.

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff failed to exercise due diligence before resorting to "nail and mail” service (see, CPLR 308 [4]). Three attempts were made to deliver the summons and complaint to the defendant at an apartment building owned by…