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Coyne v. Coyne

83 A.D.2d 774, 443 N.Y.S.2d 472, 1981 N.Y. App. Div. LEXIS 15105
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 9, 1981
StatusPublished
Cited by4 cases

This text of 83 A.D.2d 774 (Coyne v. Coyne) 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
Coyne v. Coyne, 83 A.D.2d 774, 443 N.Y.S.2d 472, 1981 N.Y. App. Div. LEXIS 15105 (N.Y. Ct. App. 1981).

Opinions

Order affirmed, with costs. Memorandum: The precondition for a court order under CPLR 308 (subd 5) (i.e., that service under subds 1,2 and 4 be “impracticable”) should not be construed to require a showing that service under those subdivisions could not be made with “due diligence” (see CPLR 308, subd 4). The court properly exercised its discretion in determining that service pursuant to CPLR 308 (subds 1, 2, 4) was impracticable. All concur, except Cardamone, J.P., and Callahan, J., who dissent and vote to grant the cross motion to dismiss Action No. 1, in the following memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
83 A.D.2d 774, 443 N.Y.S.2d 472, 1981 N.Y. App. Div. LEXIS 15105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coyne-v-coyne-nyappdiv-1981.