Kennis v Meleco

Kennis v Meleco 2013 NY Slip Op 07857 Decided on November 26, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 26, 2013
Friedman, J.P., Renwick, Freedman, Feinman, JJ.
11179 113467/10

[*1]Michael Kennis, Plaintiff-Appellant,

v

Steven J. Meleco, Defendant-Respondent.




Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for
appellant.
A. Daniel Murphy, New York, for respondent.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered January 23, 2012, which granted defendant's motion to dismiss the complaint for lack of personal jurisdiction, and denied plaintiff's request for an extension of time to serve defendant pursuant to CPLR 306-b, unanimously affirmed, without costs.

The record shows that the process server attempted to effectuate service at defendant's address pursuant to CPLR 308(1) and (2) (see Farias v Simon, 73 AD3d 569 [1st Dept 2010]). Under the circumstances presented, plaintiff's conduct did not satisfy the due diligence requirement of CPLR 308(4) (cf. Hochhauser v Bungeroth, 179 AD2d 431 [1st Dept 1992]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 26, 2013

CLERK