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CLAUDIO v. SHOW PIERS ON THE HUDSON

4413, 300458/08, 84266/09.

82 A.D.3d 432 (2011)

917 N.Y.S.2d 860

DANIEL CLAUDIO, Plaintiff, v. THE SHOW PIERS ON THE HUDSON et al., Defendants. PORT PARTIES, LTD., Third-Party Plaintiff-Appellant, v. THE BURLINGTON INSURANCE COMPANY, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 3, 2011.

The motion court properly charged Port Parties with knowledge of plaintiff's 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...

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