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Leonard v. Grimes

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 630 (N.Y. App. Div. 1998)

Opinion

January 26, 1998

Appeal from the Supreme Court, Richmond County (Leone, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the plaintiff established that her process server exercised due diligence in attempting to serve the defendants pursuant to CPLR 308 (1) and (2) before resorting to "nail and mail" service pursuant to CPLR 308 (4) ( see, Singh v. Gold Coin Laundry Equip., 234 A.D.2d 358; cf., Walker v. Manning, 209 A.D.2d 691). The Supreme Court's determination that the plaintiff's process server otherwise properly complied with the requirements of CPLR 308 (4), depended upon its determination as to the credibility of the witnesses who testified at the hearing ( see, Federal Natl. Mtge. Assn. v. Roth, 240 A.D.2d 466). Its conclusions in that regard are supported by the evidence and will not be disturbed on appeal.

Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.


Summaries of

Leonard v. Grimes

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 630 (N.Y. App. Div. 1998)
Case details for

Leonard v. Grimes

Case Details

Full title:COLLEEN LEONARD, Respondent, v. THOMAS GRIMES et al., Appellants

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

Date published: Jan 26, 1998

Citations

246 A.D.2d 630 (N.Y. App. Div. 1998)
667 N.Y.S.2d 317

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