Lefton v. Freedman

Bracken, J. P.,

dissents and votes to affirm the order, with the following memorandum, in which Kunzeman, J., concurs. The Court of Appeals has twice stated that " ‘[w]e see no reason to extend the clear and unambiguous meaning of CPLR 308 (subd 1)’ ” (Macchia v Russo, 67 NY2d 592, 594; Espy v Giorlando, 56 NY2d 640, 642). The "clear and unam*363biguous” terms of CPLR 308 (1) state that, in order to acquire personal jurisdiction and commence an action, the plaintiff's agent must deliver the summons directly to the defendant. My colleagues in the majority must acknowledge that no such delivery…