Gateway Med., P.C. v Progressive Ins. Co., 2011 NY Slip Op 50336(U)(App. Term 2d Dept. 2011)
“The record reveals that an acknowledgment of receipt was never signed by defendant and returned to plaintiff. “If the acknowledgment of receipt is not mailed or returned to the sender, the sender is required to effect personal service in another manner” (Dominguez v Stimpson Mfg. Corp., 207 AD2d 375 [1994]; see also Patterson v Balaquiot, 188 AD2d 275 [1992]). Plaintiffs did not effect service in another manner. Accordingly, the service was defective and defendant’s motion to dismiss the complaint should have been granted.”
I just put in an answer and write a summary judgment motion. I do not see the utility in playing this game, especially since 312-a service, unless acknowledged, cannot lead to a clerk’s judgment. This seems silly.
I also think 312-a allows for costs if service has to be done through traditional Article 3 or Ins. Law 1212 methods. I wonder if those costs would include Respondent’s appellate brief?
