Henriquez v. Inserra Supermarkets, Inc.
| Decision Date | 15 December 2009 |
| Docket Number | 2009-02623 |
| Citation | 68 A.D.3d 927,890 N.Y.S.2d 648,2009 NY Slip Op 9428 |
| Parties | MINERVA HENRIQUEZ et al., Respondents, v. INSERRA SUPERMARKETS, INC., Doing Business as SHOPRITE OF WEST HAVERSTRAW, et al., Defendants, and PARAGON MANAGEMENT GROUP, LLC, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with costs, the motion of the defendant Paragon Management Group, LLC, pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against it for lack of personal jurisdiction is granted, and the plaintiffs' cross motion for leave to extend their time to serve a summons and complaint upon Paragon Management Group, LLC, is denied.
On December 7, 2004 the plaintiff Minerva Henriquez allegedly was injured when she slipped and fell in the parking lot of a shopping center located in West Haverstraw. The shopping center was managed by an entity known as Paragon Management Group, LLC (hereinafter the appellant). On December 6, 2007, one day before the expiration of the applicable statute of limitations (see CPLR 214 [5]), the plaintiffs filed a summons and complaint in the Rockland County Clerk's office naming Paragon Management Group, Inc., as a defendant. The plaintiffs attempted to serve the appellant by delivering the summons and complaint, which misstated the name of the appellant, to the Secretary of State (see Business Corporation Law § 306 [b]).
In support of its motion pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against it for lack of personal jurisdiction, the appellant's principal averred that the appellant had not received a copy of the summons and complaint, and its attorney argued that the defendant Paragon Management Group, Inc., a domestic corporation designating the Secretary of State as its agent for service of process, had presumably received the summons...
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