The affidavit of service showed that plaintiff attempted to serve a corporate defendant by delivering a copy of the summons and complaint to an employee, a customer service representative who stated that he had never been authorized to accept process on defendant's behalf. The process server alleged no independent recollection of the service, but stated that she would not have left the summons with a person who denied having authority to accept it. The Second Department dismissed for lack of jurisdiction, pursuant to CPLR 3211(a)(8), in Covillion v. TriState Service, which was decided on February 5, 2008. The court concluded that the employee was clearly not a director or an officer, and that he had not been designated to act as an agent for service of process.
Practice point: Beyond an affidavit of service, the record must support a reasonable belief that a corporate defendant's employee was authorized, either by appointment or law, to accept process.
