-Validity of CPLR 308(2) substituted service.
-Validity of CPLR 308(4) affix-and-mail service.
-Whether affix-and-mail (“nail and mail”) service impracticable.
-Whether court order for publication (CPLR 308(5)) procured by plaintiff’s fraud.
-Whether process server exercised due diligence prior to resorting to CPLR 308(5) court ordered service by publication.
-Conflicting affidavits of service, one averring affix-and-mail service and the other stating that subject address vacant. Use of latter affidavit to procure order authorizing service by publication.
-Cross-examination of process server re:
(i) failure to ascertain defendant’s place of employment prior to resorting to affix and mail service; and
(ii) second, conflicting affidavit of service alleging subject address vacant.
-Process server (direct examination; cross-examination; redirect examination)
-Voir dire examination of process server re his Affidavit of Service
-Second process server (direct examination; cross-examination; redirect examination)
-Defendant (direct examination; cross-examination)