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. CanterOpinion
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.