Kostelanetz & Fink, L. L. P. v. Hui Qun Zhao

OPINION OF THE COURT

Rolando T. Acosta, J.

Defendant moves for an order dismissing the action pursuant to CPLR 3211 (a) (8), contending that plaintiffs attempt to serve him by mail under CPLR 312-a was ineffective since defendant never signed or returned the acknowledgment-of-receipt form required thereunder. Nor did plaintiff attempt to serve defendant by any other means upon defendant’s failure to return the required acknowledgment form.

Plaintiff opposes the motion and cross-moves for an order dismissing defendant’s lack-of-personal-jurisdiction defense. Plaintiff argues that defendant’s…