Scahill Law Group P.C. | New York Trial Attorneys

Bajic v. Tweedy, 244 A.D.2d 442 (2d Dept 1997)

The Appellate Division affirmed dismissal for lack of personal jurisdiction. Plaintiffs' process server attempted to effectuate service on defendant pursuant to CPLR 308 (4) by affixing the summons to the door of a residence listed on the defendant's decedent’s death certificate. “However, because the mailing address on the death certificate was not a reliable indicator of the defendant's current residence, no basis exists for estopping the defendant from challenging the propriety of the service”

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