COMPLAINT WASN’T LEFT WITH AN AUTHORIZED INDIVIDUAL OR SECRETARY OF STATE
After the New York County Supreme Court denied Palms Salon motion to dismiss the case brought against it for "lack of jurisdiction," the company appealed.
And on its review of the record, the Appellate Division, First Department noted that the defendant had properly preserved the objection in its answer, and that the court below had committed reversible error by not entertaining the application.
Among other things, the AD1 noted that the plaintiff failed to timely rebut the Salon’s proof that the person who was given a copy of the complaint was not authorized to accept on behalf of the company. Additionally, the AD1 noted that the company – a Delaware limited liability company and “resident” of New York – was not served via the Secretary of State.
Given those lapses, the case against the Salon was dismissed.
They clearly didn’t lose by a hair ….
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DECISION