Coyne v. Coyne

Appellate Division of the Supreme Court of New York

Coyne v. Coyne

83 A.D.2d 774, 443 N.Y.S.2d 472, 1981 N.Y. App. Div. LEXIS 15105

Appellate Division of the Supreme Court of the State of New York·Decided July 9, 1981·Published·Cited by 4 cases

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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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.

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).

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83 A.D.2d 774 (Coyne v. Coyne) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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