LUDMER v. HASAN (2006)

In an action to recover damages for medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated April 15, 2005, which, after a hearing to determine the validity of service of process, denied his motion to dismiss the complaint for lack of personal jurisdiction.

ORDERED that the order is affirmed, with costs.

 CPLR 308(2) authorizes service of process to be made by delivery to a person of suitable age and discretion at the defendant's actual place of business, dwelling place, or usual place of abode, coupled with mailing process to the defendant at either his or her last known residence or actual place of business.   Jurisdiction is not acquired pursuant to CPLR 308(2) unless both the delivery and mailing requirements have been strictly complied with (see McCray v. Petrini, 212 A.D.2d 676, 622 N.Y.S.2d 815;  Avakian v. De Los Santos, 183 A.D.2d 687, 583 N.Y.S.2d 275;  Foster v. Cranin, 180 A.D.2d 712, 579 N.Y.S.2d 742;  Brownell v. Feingold, 82 A.D.2d 844, 440 N.Y.S.2d 57).   However, a minor error in the address to which a summons is mailed will not render service of process void where “it is virtually certain that the summons will arrive” at its intended destination (Brownell v. Feingold, supra;  see Donohue v. La Pierre, 99 A.D.2d 570, 471 N.Y.S.2d 396).   Here, the evidence presented at the hearing to determine the validity of service of process demonstrated that the envelope in which the summons and complaint were mailed was addressed to the correct street address in Bellmore.   Even assuming, as the defendant alleges, that the envelope failed to specify a zip code, this omission alone will not invalidate service, particularly where, as here, evidence was submitted that mail addressed to the correct street address in Bellmore would be virtually certain to arrive (see Richardson v. Richardson, 309 A.D.2d 795, 765 N.Y.S.2d 388;  Donohue v. La Pierre, supra;  Brownell v. Feingold, supra;  Rochdale Holding Corp. v. Neuendorf, 2 Misc.3d 133(A), 2004 WL 690403).