(2) by delivering the summons within the state to a person of suitable age…
CPLR R. 3211 Motion to dismiss
(a)(8)the court has not jurisdiction of the person of the defendant
Pressley v Shneyer, 2008 NY Slip Op 08412 (App. Div., 1st)
Order, Supreme Court, New York County (Edward H. Lehner, J.),
entered July 11, 2007, which, insofar as appealed from, denied
defendant's motion pursuant to CPLR 3211(a)(8) to dismiss the complaint
as against him in his individual capacity, unanimously affirmed,
without costs.
Plaintiff satisfied the burden of establishing personal
jurisdiction over defendant by service pursuant to CPLR 308(2). At the
traverse hearing, the process server testified that he delivered the
summons with notice to a suitable person at defendant's place of
business, and that this person accepted the documents before handing
them back and directing him to place them in defendant's mailbox (see Cowan, Liebowitz & Latman v New York Turkey Corp.,
111 AD2d 93 [1985]). The process server also stated that the following
day he mailed a copy of the summons with notice to defendant's place of
business. There is no basis for disturbing the court's findings as to
the credibility of the process server (see Schorr v Persaud, 51 AD3d 519
[2008]). Furthermore, although plaintiff failed to list the individual
defendant's name on the mailing envelope, this did not render service
on him invalid, since the summons gave ample notice to defendant, an
attorney, that he was being sued in his individual capacity (see Albilia v Hillcrest Gen. Hosp., 124 AD2d 499 [1986]).
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