OWENS v. BRAUN (2024)

Judgment, Supreme Court, New York County (Richard Latin, J.), entered April 3, 2023, insofar as appealed from, dismissing the complaint, unanimously affirmed, without costs.  Appeal from order, same court and Justice, entered February 27, 2023, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Supreme Court correctly dismissed the complaint for lack of personal jurisdiction because plaintiff's affidavit of service demonstrates, on its face, that the requirements of CPLR 308(2) were not met.  There is no indication that the papers were delivered to a person of suitable age and discretion (see Wells Fargo Bank, N.A. v. Heaven, 176 A.D.3d 761, 762, 109 N.Y.S.3d 162 [2d Dept. 2019]).  The papers were mailed to defendant's actual place of business by priority mail rather than first class mail (see id. at 763, 109 N.Y.S.3d 162;  Zabari v. Zabari, 154 A.D.3d 613, 614, 63 N.Y.S.3d 364 [1st Dept. 2017]), and there is no indication that the mailing envelope bore the “personal and confidential” legend (see Mastropierro v. Bennett, 233 A.D.2d 483, 484, 650 N.Y.S.2d 287 [2d Dept. 1996]).

Even if plaintiff had established jurisdiction over defendant, the action would be barred by judicial immunity (see generally Jordan v. Schlesinger, 138 A.D.3d 465, 466, 27 N.Y.S.3d 874 [1st Dept. 2016]).

In view of our disposition of these issues, we need not reach the parties’ arguments with respect to the sufficiency of plaintiff's allegations.