CPLR § 308 Personal service upon a natural person
CPLR § 308(4)
Gureje v Richardson, 2009 NY Slip Op 01084 (App. Div., 2nd, 2009)
The summons and complaint in the instant action were served upon the defendants by the "affix and mail" method (see
CPLR 308[4]). However, the record demonstrates that this service was
ineffective since the plaintiff failed to exercise the requisite due
diligence in first attempting to serve the defendants pursuant to CPLR
308(1) or 308(2) (see Moran v Harting, 212 AD2d 517, 518; Walker v Manning, 209 AD2d 691, 692; McNeely v Harrison, 208 AD2d 909, 910). Accordingly, the Supreme Court properly granted the defendants' motion.
The bold is mine.
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