"Personal service upon an infant shall be made by personally serving the summons within the state upon a parent or any guardian or any person having legal custody or, if the infant is married, upon an adult spouse with whom the infant resides, or, if none are within the state, upon any other person with whom he resides, or by whom he is employed." Here, the process server attested that he served the infant-defendant pursuant to CPLR 308(2) by delivering a copy of the summons and complaint to the housekeeper at the infant's dwelling place and then completing the requisite mailing. Thus, the action is jurisdictionally defective as against the infant. Because the Supreme Court never had personal jurisdiction over the infant, it was improper to amend the summons and complaint to substitute the guardian, in her representative capacity, as a party-defendant in the infant's place.
US Bank N.A. v. McGown, NY Slip Op 06879 (2d Dep't December 8, 2021)
