Lara v. 1010 E. Tremont Realty Corp.

Full title: ARACELES LARA, Respondent, v. 1010 E. TREMONT REALTY CORPORATION…

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

Date published: Jun 30, 1994

205 A.D.2d 468 (N.Y. App. Div. 1994)

614 N.Y.S.2d 6

Opinion

June 30, 1994

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).

We agree with the IAS Court that the three attempts to serve the individual defendants at their home, the first at 7:25 A.M., the second six days later at 9:09 P.M., and the third the next day at 11:45 A.M., all on weekdays, constituted "due diligence" justifying service under CPLR 308 (4) (see, Hochhauser v Bungeroth, 179 A.D.2d 431).

Concur — Rosenberger, J.P., Ellerin, Ross, Rubin and Nardelli, JJ.