53rd & 7th Corp. v. Rossi

Defendant objects to sufficiency of service and moves to set aside an order of this court which provided an alternative method of service of summons and complaint pursuant to CPLR 308 (subd 5).

Initially, it is defendant’s contention that the method of service ordered by the court was improper in that it was not reasonably calculated to give adequate notice of the pending action.

Plaintiff’s action is for unpaid rent for an apartment occupied by defendant, a well-known entertainer. Plaintiff was unable to serve defendant since he performs in various cities around the country and travels…