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237 A.D.2d 176

Dunleavy v. Moya

Appellate Division of the Supreme Court of the State of New York · decided 1997-03-20

Cited by 2 later decisions — most recently April 2003

Good law ✅— No negative treatment on recordhow we know

Decided 1997-03-20

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¶1Order, 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.

¶2We 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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