August 7, 2007

Finding improper service pursuant to CPLR 308(4), the Second Department dismissed the complaint as against the individual defendant in a medical malpractice action, in Abajian v. St. Francis Hosp., which was decided on July 31, 2007. The summons and complaint were affixed to the door of defendant's prior residence and not to his actual place of business, dwelling place or usual place of abode. Moreover, the attempts to serve the appellant pursuant to CPLR 308(1) and 308(2) prior to the employment of the "affix and mail" method of service did not satisfy the statutory requirement of "due diligence."