Rios v. Zorrilla

In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Queens County (Dye, J), dated May 12, 2003, as, in effect, denied their cross motion pursuant to CFLR 3211, or in the alternative, pursuant to CFLR 3215 (c), to dismiss the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.

The purported service of process under CFLR 308 (2) was defective since the plaintiffs attempted service by delivering the summons and complaint to…