| Gureje v Richardson |
| 2009 NY Slip Op 01084 [59 AD3d 494] |
| February 10, 2009 |
| Appellate Division, Second Department |
| Rowland Gureje, Appellant, v Jasmine Richardson et al.,Respondents. |
—[*1] Montfort, Healy, McGuire & Salley, Garden City, N.Y. (Donald S. Neumann, Jr., ofcounsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Kings County (Held, J.), dated April 10, 2008, which granted the defendants'motion to vacate an order of the same court (Ruditzky, J.), dated February 2, 2007, granting theplaintiff's motion for leave to enter a judgment upon their default in appearing or answering andsetting the matter down for an inquest on the issue of damages, to vacate an order of the samecourt (Morano, J.), dated March 20, 2007, made after the inquest on the issue of damages,directing an award of damages in the principal sum of $50,000, and to vacate the bill of costs anddisbursements entered on April 5, 2007.
Ordered that the order is affirmed, with costs.
The summons and complaint in the instant action were served upon the defendants by the"affix and mail" method (see CPLR 308 [4]). However, the record demonstrates that thisservice was ineffective since the plaintiff failed to exercise the requisite due diligence in firstattempting to serve the defendants pursuant to CPLR 308 (1) or (2) (see Moran vHarting, 212 AD2d 517, 518 [1995]; Walker v Manning, 209 AD2d 691, 692[1994]; McNeely v Harrison, 208 AD2d 909, 910 [1994]). Accordingly, the SupremeCourt properly granted the defendants' motion. Spolzino, J.P., Ritter, Covello, McCarthy andBelen, JJ., concur.