THE MERCHANTS BANK OF NEW YORK v. ITZKOFF


1 A.D.3d 178 (2003)

767 N.Y.S.2d 74

THE MERCHANTS BANK OF NEW YORK, Respondent, v. GERALD ITZKOFF et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 2003.


Efforts to serve defendants at their place of business and three attempts to serve them at their residence during and after business hours constitute due diligence (CPLR 308 [4]), particularly in view of defendants' failure to inform plaintiff of the relocation of their fur business and the collateral securing the loan. We perceive no basis to disturb the referee's findings as to the process server's credibility. Defendants' default under the note and the provision of the...

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