July 2, 2007

The First Department found that jurisdiction was demonstrated by plaintiff's affidavit of service showing delivery to a person of suitable age and discretion
at -- and a mailing to -- a place which defendant acknowledged was his place of business, in Kunio Takeuchi v. Silberman, which was decided on June 28, 2007. The court found it of no consequence that, for reasons of health, defendant may not have actually been at his place of business for some four months prior to service, and that plaintiffs never tried to ascertain whether he was available to receive service there. "Unlike CPLR 308(4), CPLR 308(2) does not require preliminary diligent attempts at alternative methods of service."