Plaintiff failed to satisfy the statutory requirement of due diligence. The process server attempted to effect service twice at an address that was not defendant's "actual place of business, dwelling place or usual place of abode within the state." Defendant had moved to Mexico almost a year before service was attempted, and defendant had no contractual obligation to notify plaintiff that his address changed.
Roc-Lafayette Assoc., LLC v. Reuter, NY Slip Op 02885 (1st Dep't May 14, 2020)
Here is the decision.
