-Validity of CPLR 308(1) service by in-hand delivery to defendant wife.
-Validity of CPLR 308(2) substituted service on defendant husband by delivery to his wife followed by mailing to defendant husband.
-Process Server failed to comply with subpoena to appear for Traverse hearing (see also, Transcript #16).
-Plaintiff made application, pursuant to CPLR 4531 and over defendant’s objection, to introduce process server’s Affidavit of Service into evidence as prima facie proof of proper service of Summons.
– Plaintiff’s further application, also pursuant to CPLR 4531 and over defendant’s objection, to introduce Affidavit of Service of subpoena on process server to appear for Traverse hearing as proof of due diligence effort to secure process server’s
appearance.
-Plaintiff rests without calling any witnesses.
-Defendant wife testified that she never met a process server and was never served with legal papers.
-Defendant husband testified that he was never served and never received any legal papers from his wife.
-Defendant wife (direct examination; cross-examination; redirect examination; recross exam)
-Defendant husband (direct examination; cross-examination; redirect examination)