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D'Alesandro v. Many

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 484 (N.Y. App. Div. 1988)

Opinion

February 1, 1988

Appeal from the Supreme Court, Orange County (Ritter J.).


Ordered that the order is affirmed, with costs.

The plaintiff failed to establish either proper service on the defendants or that he had a meritorious claim. The plaintiff alleged "nail and mail" service upon the defendants (CPLR 308). The affidavit of substituted service, on its face, demonstrates a lack of due diligence warranting resort to such service (Kaszovitz v Weiszman, 110 A.D.2d 117, 120).

Furthermore, the plaintiff failed to establish that he sustained serious injury as required by Insurance Law § 5104 (Licari v Elliott, 57 N.Y.2d 230; Caiazzo v Crespi, 124 A.D.2d 623). Thompson, J.P., Rubin, Eiber and Sullivan, JJ., concur.


Summaries of

D'Alesandro v. Many

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 484 (N.Y. App. Div. 1988)
Case details for

D'Alesandro v. Many

Case Details

Full title:ATILLIO D'ALESANDRO, Also Known as TED D'ALESANDRO, Appellant, v. JOHN J…

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

Date published: Feb 1, 1988

Citations

137 A.D.2d 484 (N.Y. App. Div. 1988)

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