Lawrence v. Ruskin
| Decision Date | 27 October 1992 |
| Parties | Michele LAWRENCE, Plaintiff-Appellant, v. Uzi RUSKIN, et al., Individually and as Partners Doing Business as Ruskin Associates, et al., Defendants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Before ROSENBERGER, J.P., and WALLACH, KUPFERMAN, ROSS and RUBIN, JJ.
Order, Supreme Court, Bronx County (Howard Silver, J.), entered April 24, 1991, which, inter alia, granted the defendants' motion pursuant to CPLR 4403 to confirm the findings and report of the Judicial Hearing Officer and to dismiss the plaintiff's complaint as against defendants Uzi Ruskin and Varda Ruskin, both individually and as partners d/b/a Ruskin Associates, unanimously affirmed, without costs.
The IAS court properly confirmed the findings and report of the Judicial Hearing Officer which recommended that the complaint be dismissed for invalid service of the summons and complaint and for lack of jurisdiction over defendants Uzi Ruskin and Varda Ruskin, both individually and as partners transacting business as Ruskin Associates. The traverse hearing established that plaintiff's service of process upon Ruskin Associates, by service upon its managing agent, was defective pursuant to both CPLR 310 and 318 since the managing agent was neither a partner of Ruskin Associates nor authorized to accept service on its behalf or on behalf of the individual defendants; that the plaintiff's mailing of the summons and complaint to the managing agent at 505 5th Avenue, New York, was a fatally defective service pursuant to CPLR 308(2) since it was not the actual place of business of the partnership nor the place of abode or last known residence of the respective partners, and that the prior service upon Burak, Inc., the managing agent's business, was not reasonably calculated to have apprised the defendants, the partnership and the individual partners of the pending action (see, McDonald v. Ames Supply Co., 22 N.Y.2d 111, 114-115, 291 N.Y.S.2d 328, 238 N.E.2d 726; Cooney v. East Nassau Medical Group, 136 A.D.2d 392, 398, 528 N.Y.S.2d 364; see also, Rosenblum v. 170 West Vil. Associates, 175 A.D.2d 702, 703, 573 N.Y.S.2d 92).
We have reviewed the plaintiff's remaining claims and find them to be without merit.
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...without service upon any partner was ineffective to bring partnership within court's jurisdiction]; see also, Lawrence v. Ruskin, 186 A.D.2d 485, 589 N.Y.S.2d 38; Basaranlar v. Pelham Bay Gen. Hosp., 133 A.D.2d 241, 519 N.Y.S.2d 40; Italian Colony Rest. v. Wershals, 45 A.D.2d 841, 358 N.Y.S......
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Bell v. Bell, Kalnick, Klee & Green
...547 ["our prior rulings are consistent with the newly amended statutory scheme"], at 238, 646 N.Y.S.2d 547 [explaining Lawrence v. Ruskin, 186 A.D.2d 485, 589 N.Y.S.2d 38, and Cooney v. East Nassau Med. Group, 136 A.D.2d 392, 528 N.Y.S.2d 364]; see also, Costa v. Pelham Bay Gen. Hosp., 194 ......
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Kurshan v. Townhouse Management Co., Inc.
...be the "office manager" of the defendant partnership, was reasonably calculated to apprise any of them of the action (Lawrence v. Ruskin, 186 A.D.2d 485, 589 N.Y.S.2d 38). Nor did the testimony of the process server demonstrate that the alleged "office manager" was qualified to accept servi......
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Atkinson v. D.M.A. Enterprises, Ltd.
...held that substituted service on a partner under CPLR 308(2) did not constitute adequate service, see Lawrence v. Ruskin, 186 A.D.2d 485, 589 N.Y.S.2d 38 (1st Dept.1992). The Appellate Division, Second Department in Marton Associates v. Vitale, 172 A.D.2d 501, 568 N.Y.S.2d 119 (2nd Dept.199......