Opinion
No. 570374.
2014-09-22
The A.R.D. GROUP, a d/b/a of Cohen, Adams LLC, Plaintiff–Appellant, v. The RUBIN GROUP, INC., Defendant–Respondent.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), dated October 28, 2013, which denied its motion for summary judgment and granted defendant's cross motion to dismiss the complaint for lack of personal jurisdiction.
Present: SHULMAN, J.P., HUNTER, JR., LING–COHAN, JJ. PER CURIAM.
Order (Peter H. Moulton, J.), dated October 29, 2013, affirmed, with $10 costs.
The court lacked personal jurisdiction over the New York-based corporate defendant, since process was not “personally delivered” to an authorized person ( Lakeside Concrete Corp. v. Pine Hollow Bldg. Corp., 104 A.D.2d 551 [1984], affd 65 N.Y.2d 865 [1985] ). The method of service used by plaintiff-delivery upon defendant's agent by Federal Express overnight mail-was ineffectual ( see CPLR 311[a][1]; Mensah v. Polytechnic Univ., 68 AD3d 411; Strong v. Bi–Lo Wholesalers, 265 A.D.2d 745 [1999]; contra Colucci & Umans v. 1 Mark, Inc., 224 A.D.2d 243 [1996][involving out-of-state corporate defendant] ). Plaintiff's belated request to reserve the summons and complaint is both unpreserved and untimely (see CCA 411; Sottie v. Islandia Home for Adults, 278 A.D.2d 482, 483–484 [2000] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.