Because the process server's affidavit was filed more than 120 days after the service date, service was not timely completed under CPLR 306-b. As to the individual defendants, the affidavit of service does not list the names of the persons purportedly served and does not state that an additional copy of the papers was mailed to each of them, rendering incomplete the purported service via a person of suitable age and discretion, pursuant to CPLR 308[2]. As to the corporate and limited liability company defendants, the affidavit of service does not state that the receptionist who accepted service at the management office is an officer, authorized agent, or member of the defendant entities so as to constitute proper service under CPLR 311 or 311-a. Because the plaintiff is a party, her service of papers is prohibited under CPLR 2103(a).
Commissiong v. Mark Greenberg Real Estate Co. LLC, NY Slip Op 02192 (1st Dep't March 31, 2022)
