Alfred Barnes v. City of New York, and Arthur Schwartz

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that there was no error of law in its finding that the due‑diligence requirement of CPLR 308(4) had not been met. The court emphasized that no rigid rule governs the determination of due diligence and therefore affirmed the decision with costs and answered the certified question affirmatively.