Shenko Electric, Inc. v. Hartnett

Appellate Division of the Supreme Court of New York

Shenko Electric, Inc. v. Hartnett

161 A.D.2d 1212, 558 N.Y.S.2d 859

Appellate Division of the Supreme Court of the State of New York·Decided May 11, 1990·Published·Cited by 10 cases

Opinion

Motion to dismiss granted. Memo[1213]*1213randum: Petitioner failed to effect personal service of the petition and notice of petition upon respondent. The mailing of process pursuant to CPLR 312-a does not effect personal service. Service is complete only when the acknowledgment of receipt in the form prescribed by CPLR 312-a (d) is mailed or returned to the sender (CPLR 312-a [b]). If the acknowledgment of receipt is not mailed or returned to the sender, the sender is required to effect personal service in another manner (CPLR 312-a [e], [f]; mem of Off of Ct Admin in support of L 1989, ch 274, 1989 McKinney’s Session Laws of NY, at 2563). Present—Boomer, J. P., Green, Pine, Balio and Lawton, JJ.

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Motion to dismiss granted. Memo[1213]*1213randum: Petitioner failed to effect personal service of the petition and notice of petition upon respondent. The mailing of process pursuant to CPLR 312-a does not effect personal service. Service is complete only when the acknowledgment of receipt in the form prescribed by CPLR 312-a (d) is mailed or returned to the sender (CPLR 312-a [b]). If the acknowledgment of receipt is not mailed or returned to the sender, the sender is required to effect personal service in another manner (CPLR 312-a [e], [f]; mem of Off of Ct Admin in support of L 1989, ch 274, 1989 McKinney’s Session Laws of NY, at 2563). Present—Boomer, J. P., Green, Pine, Balio and Lawton, JJ.

Shenko Electric, Inc. v. Hartnett, 161 A.D.2d 1212, 558 N.Y.S.2d 859 (N.Y. Ct. App. 1990).

Pincite

161 A.D.2d 1212 (Shenko Electric, Inc. v. Hartnett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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