Boyd v. Kimmel

Appellate Division of the Supreme Court of New York

Boyd v. Kimmel

106 A.D.2d 539, 483 N.Y.S.2d 64, 1984 N.Y. App. Div. LEXIS 20632

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 24, 1984

StatusPublished

This text of 106 A.D.2d 539 (Boyd v. Kimmel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boyd v. Kimmel, 106 A.D.2d 539, 483 N.Y.S.2d 64, 1984 N.Y. App. Div. LEXIS 20632 (N.Y. Ct. App. 1984).

Pincite

Opinion

In an action to recover damages for legal malpractice, defendant appeals from an order of the Supreme Court, Kings County (Feldman, J.), dated December 16, 1983 and made after a traverse hearing, which denied his motion to dismiss the action on the ground of lack of personal jurisdiction.

Order affirmed, without costs or disbursements.

The record supports Special Term’s conclusion that (1) the process server exercised due diligence in his unsuccessful attempts to effectuate personal service upon defendant pursuant to CPLR 308 (subds 1, 2) and (2) substituted service pursuant to CPLR 308 (subd 4) was properly resorted to and effectuated. Titone, J. P., Mangano, Brown and Rubin, JJ., concur.

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In an action to recover damages for legal malpractice, defendant appeals from an order of the Supreme Court, Kings County (Feldman, J.), dated December 16, 1983 and made after a traverse hearing, which denied his motion to dismiss the action on the ground of lack of personal jurisdiction.

Order affirmed, without costs or disbursements.

The record supports Special Term’s conclusion that (1) the process server exercised due diligence in his unsuccessful attempts to effectuate personal service upon defendant pursuant to CPLR 308 (subds 1, 2) and (2) substituted service pursuant to CPLR 308 (subd 4) was properly resorted to and effectuated. Titone, J. P., Mangano, Brown and Rubin, JJ., concur.

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Bluebook (online)

106 A.D.2d 539, 483 N.Y.S.2d 64, 1984 N.Y. App. Div. LEXIS 20632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-kimmel-nyappdiv-1984.