Personal service upon said partnership may also be made within the
state by delivering the summons to the managing or general agent of the
partnership or the person in charge of the office of the partnership
within the state at such office and by either mailing the summons to
the partner thereof intended to be served by first class mail to his
last known residence or to the place of business of the partnership.
Proof of such service shall be filed within twenty days with the clerk
of the court designated in the summons; service shall be complete ten
days after such filing; proof of service shall identify the person to
whom the summons was so delivered and state the date, time of day and
place of service.
Pena v Bros, 2009 NY Slip Op 03674 (App. Div., 1st, 2009)
The motion court properly granted the motion and determined that a
traverse hearing was not warranted. The record establishes that
plaintiff failed to meet her burden of showing that defendant was
served in accordance with the requirements of CPLR 310(b). The
affidavit of service averred that the "managing agent" of defendant was
served, but not that the summons and complaint were mailed to the
partnership's place of business or the last known home address of the
member of the partnership to be served (CPLR 310[b]; see also Tadir Air v FGH Realty, 297 AD2d 230 ; Persaud v Teaneck Nursing Ctr., 290 AD2d 350 ).
The bold is mine