Service Complete upon Service: CPLR § 311

CPLR § 311 Personal service upon a corporation or governmental subdivision

Claudio v Show Piers on the Hudson, 2011 NY Slip Op 01585 (App. Div. 1st 2011)

The motion court properly charged Port Parties with knowledge of plaintiff's claim as of May 15, 2008. Service of process on Port Parties was "complete" when the summons and complaint were personally served upon an authorized agent of the Secretary of State on that date (Business Corporation Law § 306[b][1]; CPLR 311). Port Parties' contention that it did not actually receive the copy mailed to it by the Secretary of State is unsupported by the record and, in any event, unavailing. Business Corporation Law § 306(b)(1) does not make completion of  service contingent upon the Secretary of State's mailing (see Flick v Stewart-Warner Corp., 76 NY2d 50, 56-57 [1990]).

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s