Practice point: A process server's successive attempts to serve defendant personally at various times of the day when it could be reasonably expected that he would be at home satisfies the due diligence requirement of CPLR 308(4), allowing nail-and-mail service.
Students should note that, if the front door of defendant's apartment is accessible from the street, service on the building's doorman is not required.
Case: Farias v. Simon, NY Slip Op 04246 (1st Dept. 2010)
Here is the opinion.
Tuesday's issue: Motion practice.
