December 7, 2017

Service of process.

Practice point:  Pursuant to CPLR 308(2), service is improper where the process server did not mail the supplemental summons to either of the defendants.  Jurisdiction is not acquired pursuant to the statute unless both the delivery and mailing requirements have been strictly complied with.

Student note:  When the requirements for service of process have not been met, it is irrelevant that defendant may have actually received the documents.

Case:  Joseph v. AACT Fast Collections Servs., Inc., NY Slip Op 08357 (2d Dep't November 29, 2017)

Here is the decision.