Appellate Division of the Supreme Court of New York, 2011

Claudio v. Show Piers on Hudson

Claudio v. Show Piers on Hudson
Appellate Division of the Supreme Court of New York · Decided March 3, 2011
82 A.D.3d 432; 917 N.Y.2d 860
Claudio v. Show Piers on Hudson

Opinion of the Court

The motion court properly charged Port Parties with knowledge of plaintiffs claim as of May 15, 2008. Service of process on Port Parties was “complete” when the summons and complaint were personally served upon an authorized agent of the Secretary of State on that date (Business Corporation Law § 306 [b] [1]; CPLR 311). Port Parties’ contention that it did not actually receive the copy mailed to it by the Secretary of State is unsupported by the record and, in any event, unavailing. Business Corporation Law § 306 (b) (1) does not make completion of service contingent upon the Secretary of State’s mailing (see Flick v Stewart-Warner Corp., 76 NY2d 50, 56-57 [1990]).

*433We have considered Port Parties’ remaining arguments and find them unavailing. Concur — Saxe, J.P, Sweeny, Catterson, Freedman and Román, JJ.

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