Summary
In Matos v. Knibbs, 186 AD2d 725 (2nd Dept 1992), the process server made three attempts to serve a defendant on various days and various times.
Summary of this case from GHEE v. WASHINGTON MUT. BANK F.A.Opinion
October 19, 1992
Appeal from the Supreme Court, Nassau County (Molloy, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.
The process server herein made three attempts to serve the third-party defendant Peter J. Remch at his residence on various days and at various times. One of these attempts was during normal working hours, one on Friday evening, and one on a Saturday afternoon. When the process server was unable to effectuate personal service, he affixed a copy of the summons to Remch's apartment and mailed another copy to the same address pursuant to CPLR 308 (4).
The three attempts to make service of the summons and complaint upon Remch at his residence at different times and on different days, including a Saturday, were sufficient to constitute due diligence (see, Mitchell v Mendez, 107 A.D.2d 737). Since Remch admitted receiving the copy of the summons and complaint which was affixed to his door, and since there was no indication that he worked on Saturdays, there was no showing of any other reasonable means whereby the chances of successful personal service could have been significantly increased (see, Mitchell v Mendez, supra, at 738; see also, Union Garage v Wheatle, 108 Misc.2d 77). This case is distinguishable from Pizzolo v Monaco ( 186 A.D.2d 727 [decided herewith]), in which the existence of the professional address of the defendant doctor was readily ascertainable based on information contained in the complaint.
Accordingly, the process server properly resorted to service of process pursuant to CPLR 308 (4). Harwood, J.P., Balletta, Rosenblatt and Santucci, JJ., concur.