New York Court of Appeals
Ralph Macchia v. Salvatore Russo
July 10, 198667 N.Y.2d 592
Summary
The Court affirmed the Appellate Division's dismissal of the complaint, holding that service of process on a defendant's son, even though the son subsequently delivered the summons to the defendant, does not satisfy the personal service requirement of CPLR 308(1). The Court rejected arguments that reasonableness or lack of prejudice could validate the service.