SERFATY v. Mikhail Gissin, et al., Defendants. (1999)

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

Armand SERFATY, Plaintiff-Appellant, v. EASTWEST PROPERTIES L.L.C., et al., Defendants-Respondents, Mikhail Gissin, et al., Defendants.

Decided: February 18, 1999

SULLIVAN, J.P., ELLERIN, LERNER and RUBIN, JJ.

Edward Land, for plaintiff-appellant. David P. Langlois, for defendants-respondents.

Order, Supreme Court, New York County (Paula Omansky, J.), entered April 10, 1998, which granted the motion of defendants EastWest Properties L.L.C. and Jonathan Kollek to cancel a notice of pendency, unanimously affirmed, without costs.

The IAS court properly cancelled the notice of pendency since service of the summons and complaint was not made upon defendants within 30 days of the filing of the notice of pendency (see, CPLR 6512 and 6514[a] ). While process was mailed in a timely fashion pursuant to CPLR 312-a, the attempt at service by mail was ineffective since the entity to which the process was purportedly directed was not registered as defendants' designated agent for service of process and, in any event, was not located at the address to which the process was mailed.

MEMORANDUM DECISION.

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