Upon the foregoing papers, the respective defendants' motion and cross motion to dismiss the complaint are granted.

Defendant George R. Holland moves, pre-answer, by notice of motion to dismiss the complaint on the ground of lack of personal jurisdiction. The motion is unopposed. Defendants Jason Cieri and Richard Cieri cross-move for dismissal on the same basis. Plaintiff Anna Maydanik opposes the cross motion, only.

In this litigation, plaintiff alleges that she sustained serious personal injuries as the result of a two-car accident which occurred on September 13, 2003, at the intersection of Route 7 and [*2]Leesburg Pike in Fairfax County, Virginia. As is relevant, plaintiff was a passenger in a vehicle driven by defendant Jason Cieri and owned by defendant Richard Cieri, which collided with a vehicle owned and operated by defendant George R. Holland. It is undisputed that Mr. Holland is a Virginia resident and that his vehicle is registered in Virginia. It is also undisputed that the Cieris are New Jersey residents and that Richard Cieri's vehicle is registered in New Jersey.

Plaintiff, a resident of Staten Island, New York, instituted this action by the filing of a summons and complaint on or about July 18, 2005. Issue was joined on or about September 21, 2005 by the service of an answer on behalf of defendants Jason and Richard Cieri in which they asserted, inter alia, the affirmative defense of lack of personal jurisdiction.

In the absence of any opposition, the motion to dismiss by defendant George R. Holland is granted, and the complaint against him is dismissed (see, CPLR 3211 [a][8]).

In their cross motion, defendants Jason and Richard Cieri seek dismissal of the complaint on the ground that the Court lacks personal jurisdiction over them, as they are New Jersey residents and were involved in an accident in Virginia. Thus, no basis is alleged to exist upon which personal jurisdiction may be exerted over them (see, CPLR 302). In opposition, plaintiff alleges that personal jurisdiction was obtained over the Cieris by personal service upon Jason Cieri within the State of New York on November 26, 2005. In response to this allegation, the Cieris allege that Jason Cieri was lured into the State by fraud and deceit for the sole purpose of effectuating service. As support for this allegation, they state the following:

"Sometime in October 2005, two free tickets to the play "The Producers" accompanied by a letter was sent to Jason Cieri's residence. The letter purported to be from an entity known as Telecharge.com' and stated that he had been randomly selected to attend this production on November 26, 2005. The tickets were for a 2:00 p.m. matinee performance at the St. James Theatre located at 246 West 44th Street, New York. Jason Cieri attended this play with his girlfriend. While seated in the theater and waiting for the performance to start, he was approached by a man who inquired as to his name. This man then sat next to Jason Cieri during the play and followed him whenever he left his seat. At the conclusion of the performance, Jason Cieri and his girlfriend exited the theater followed by the man who sat next to them during the play. Immediately upon Jason Cieri's exit from the theater the man attempted to serve him with process. Not knowing who this man was or what he was doing, Jason Cieri did not take the papers and walked away from him."

A review of plaintiff's Affidavit of Service annexed to her Affirmation in Opposition reveals that service is claimed to have been made on the date of the play's performance, at the street address of the St. James Theatre, and at a time that coincides with the end of the play. Thus, the Cieris claim, any purported service was effectuated by fraud and deceit, and is therefore ineffective. The opposing affirmation of plaintiff's attorney denies any knowledge of the alleged fraud or deceit, and acknowledges only that he retained the services of a company named RonFax to effectuate service upon Mr. Cieri. RonFax subsequently provided counsel with the annexed affidavit of service signed by Ernest Singer.

It is well established that service obtained through trickery or deceit will not be countenanced (see, Terlizzi v. Brodie, 38 AD2d 762 [2nd Dept. 1972]; accord, DeMartino v. [*3]Rivera, 148 AD2d 568, 569 [2nd Dept. 1989]).

Here, plaintiff and her attorney have not presented any facts directly contesting defendants' claims regarding service, i.e., that Jason Cieri was lured into the jurisdiction for the sole purpose of effectuating service. Nor is their claim of ignorance regarding the means employed by RonFax of any aid in refuting defendants' allegations. Under such circumstances, the decision in Terlizzi compels the conclusion that personal jurisdiction was never obtained over defendants Jason and Richard Cieri, and that their cross motion to dismiss the complaint as against them should be granted (see, CPLR 3211 [a][8]).^[FN1]

Accordingly, it is

ORDERED, that the motion and cross motion are granted, and the complaint is dismissed; and it is further

ORDERED that the Clerk enter judgment accordingly.

ENTER,

JSC

Dated: March 10, 2006