Service pursuant to CPLR 308(4) may be effected by affixing the summons to the door of either the actual place of business, dwelling place, or usual place of abode within the state of the person to be served and by either mailing the summons to the person at his last known residence or by mailing the summons by first class mail to the person to be served at his actual place of business. Service pursuant to CPLR 308(4) may be used only where personal service under CPLR 308(1) and (2) cannot be made with due diligence. Due diligence is not defined by statute but it has been interpreted and applied to require a few visits on different occasions and at different times to the defendant's residence or place of business when the defendant could reasonably be expected to be found there.
PNMAC Mtge. Opportunity Fund Invs., LLC v. Noushad, NY Slip Op 04195 (2d Dep't July 16, 2025)
