Gateway Med., P.C. v Progressive Ins. Co., 2011 NY Slip Op 51533(U)(App. Term 2d Dept. 2011)
“As it is uncontroverted that service of process was not effectuated in June 2005 pursuant to CPLR 312-a, the Civil Court did not acquire personal jurisdiction over defendant at that time (see e.g. Klein v Educational Loan Servicing, LLC, 71 AD3d 957, 958 [2010]). Plaintiff purchased an index number and filed its summons and complaint in 2008 (see CCA 400, eff Sept. 8, 2005), but failed to serve a copy of the summons and complaint upon defendant within 120 days after filing as required by CCA 411. Consequently, jurisdiction over defendant was [*2]never acquired (CCA 400 [2]). Accordingly, the branch of defendant’s motion seeking to dismiss the complaint should have been granted without prejudice (see CCA 411).”
I dislike when carriers refuse to accept 312-a service, unless it is done right before the statute expires.
