Dunleavy v. Moya

Appellate Division of the Supreme Court of New York

Dunleavy v. Moya

237 A.D.2d 176, 655 N.Y.S.2d 371, 1997 N.Y. App. Div. LEXIS 2721

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

DecidedMarch 20, 1997

StatusPublished

Cited by2 cases

This text of 237 A.D.2d 176 (Dunleavy v. Moya) 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

Dunleavy v. Moya, 237 A.D.2d 176, 655 N.Y.S.2d 371, 1997 N.Y. App. Div. LEXIS 2721 (N.Y. Ct. App. 1997).

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Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about January 31, 1996, which denied defendant’s motion to dismiss plaintiffs complaint for lack of jurisdiction, unanimously affirmed, with costs.

We agree with the IAS Court that the three attempts to serve defendant at his home, the first on a Friday at 7:55 a.m., the second the next day, Saturday, at 2:00 p.m., and the third two days later, Monday, Memorial Day, at 10:14 a.m., constituted due diligence justifying service under CPLR 308 (4). Concur—Murphy, P. J., Sullivan, Milonas and Tom, JJ.

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Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about January 31, 1996, which denied defendant’s motion to dismiss plaintiffs complaint for lack of jurisdiction, unanimously affirmed, with costs.

We agree with the IAS Court that the three attempts to serve defendant at his home, the first on a Friday at 7:55 a.m., the second the next day, Saturday, at 2:00 p.m., and the third two days later, Monday, Memorial Day, at 10:14 a.m., constituted due diligence justifying service under CPLR 308 (4). Concur—Murphy, P. J., Sullivan, Milonas and Tom, JJ.

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Bluebook (online)

237 A.D.2d 176, 655 N.Y.S.2d 371, 1997 N.Y. App. Div. LEXIS 2721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunleavy-v-moya-nyappdiv-1997.

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