Practice point: The plaintiff presented prima facie proof that service was
effected on a partner in the defendant-law firm, by personally delivering a
copy of the summons with notice to a paralegal at the firm’s office, which was
the partner's actual place of business, and then mailing a copy of it to the
partner at the office in an envelope marked “personal and confidential” and not
indicating that the
communication was from an attorney or concerned a legal action. This service
was sufficient to confer personal jurisdiction over the firm, which is a
limited liability partnership, since service was properly effected upon one of
its partners, pursuant to CPLR 308[2]; 310-a.
Student note: Although the firm alleges that only one copy of
the summons with notice was left with the paralegal, this was not a
jurisdictional defect, since such notice was reasonably calculated, under all
the circumstances, to apprise the partner,
and hence the firm, of the pendency of the action and afford the firm an
opportunity to present its objections and defenses.
Case: Green v. Gross & Levin, LLP, NY Slip 09027 (2d Dept. 2012).
Tomorrow’s issue: Defective sidewalks.
