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Agarwal v. Flushing Hospital Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 577 (N.Y. App. Div. 1985)

Summary

finding service upon defendant 12 days after defendant moved out of his residence defective under C.P.L.R. § 308

Summary of this case from Tokio Marine Nichido Fire Insurance Co. v. Canter

Opinion

December 16, 1985

Appeal from the Supreme Court, Queens County (Kunzeman, J.).


Order affirmed, with costs.

Special Term correctly found that plaintiff failed to establish that he had properly served defendant A. Choa by substituted service pursuant to CPLR 308. Plaintiff's two attempts to serve Dr. Choa personally before June 30, 1983, do not constitute due diligence, nor do the four subsequent attempts, none of which were made at Dr. Choa's place of employment. Furthermore, the evidence supports Special Term's determination that Dr. Choa's relocation to California was bona fide, and that she moved on June 30, 1983, approximately 12 days prior to plaintiff's substituted service. Consequently, the summons and complaint were not affixed to Dr. Choa's actual dwelling place as required (CPLR 308). Mollen, P.J., Thompson, Niehoff and Eiber, JJ., concur.


Summaries of

Agarwal v. Flushing Hospital Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 577 (N.Y. App. Div. 1985)

finding service upon defendant 12 days after defendant moved out of his residence defective under C.P.L.R. § 308

Summary of this case from Tokio Marine Nichido Fire Insurance Co. v. Canter
Case details for

Agarwal v. Flushing Hospital Medical Center

Case Details

Full title:ALKA S. AGARWAL, as Administrator of the Estate of VIJAY K. AGARWAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 1985

Citations

115 A.D.2d 577 (N.Y. App. Div. 1985)

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