| A.R.D. Group v Rubin Group, Inc. |
| 2014 NY Slip Op 51409(U) [44 Misc 3d 144(A)] |
| Decided on September 22, 2014 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
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.
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 AD2d 551 [1984], affd 65 NY2d 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 AD2d 745 [1999]; contra Colucci & Umans v 1 Mark, Inc., 224 AD2d 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 AD2d 482, 483-484 [2000]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.