Appellate Division of the Supreme Court of New York, 1987

Coretti v. Coretti

Coretti v. Coretti
Appellate Division of the Supreme Court of New York · Decided May 26, 1987
130 A.D.2d 703; 515 N.Y.S.2d 718; 1987 N.Y. App. Div. LEXIS 46723
Coretti v. Coretti

Opinion of the Court

In a negligence action to recover damages for personal injuries, the defendant John Papazian appeals from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated March 6, 1986, which denied his motion to vacate a default judgment against him on the ground that personal jurisdiction was never acquired over him.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly found that personal service could not be effected under CPLR 308 (1) and (2) with "due diligence”. Thompson, J. P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.

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